Now Confirmed, the U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to address the documentation that certain E and L spouses may use as evidence of employment authorization incident to their status.
On November 12, 2021, USCIS clarified that it will consider E and L spouses to be employment authorized incident to their valid E or L nonimmigrant status. At that time, USCIS explained that DHS would take immediate steps to modify the Arrival-Departure Record (Form I-94) evidencing nonimmigrant status issued to E and L dependents so that E and L spouses could be distinguished from E and L children on the face of the document. USCIS stated that, once these changes were made, the revised Form I-94 containing a notation indicating that the bearer is an E or L spouse would be acceptable as evidence of employment authorization under List C of Form I-9, Employment Eligibility Verification.
This Confirmation of I94 Notations will be seen as good news for L and E Dependents whom are eligible for an Automatic EAD As art of their Visa Status. Now that Notations will be added to the I94. We at IKS Will be Monitoring this Policy change and will update our clients when more information comes in.