Do E and L spouses require work authorization?
Kyle Huffman • July 28, 2022
A recent USCIS settlement has clarified the work authorization incident to status for certain E and L spouses.
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In years past, spouses of certain E and L visa categories were required to apply for and receive an Employment Authorization Document in order to work in the United States. However, as the result of a settlement reached by USCIS in the class action lawsuit Shergill v. Mayorkas on November 10, 2021, USCIS now considers E and L dependent spouses to be authorized for employment incident to their status.
USCIS has issued a policy alert
clarifying this decision. The guidance for H-4 spouses has not changed, but automatic extensions of employment authorization for those in this visa category is possible. For L-2 and E-2 spouses, the settlement now confirms employment authorization incident to status.
If you are an E dependent spouse, your next entry into the United States should provide you with a new I-94 form that indicates your status as an E spouse with the ‘S’ annotation. For spouses of E-1 treaty traders, the I-94 should now list the spouse’s status as ‘E-1S’, and the same applies for E-2 and E-3 spouses, whose I-94s will show ‘E-2S’ and ‘E-3S’ status respectively.
While this settlement will result in much greater access to employment for certain E and L spouses, it is important to note that this settlement does not cover E and L dependent children, who will not have employment authorization in the same way that spouses do.
If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kyle Huffman
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