Important Updates
Important Updates
June 23, 2025 | 🌐Minimum Salary Changes Announced
June 23, 2025 | United StatesFragomen Recognized with Community Service Award at Woori Center 2025 Gala
June 23, 2025 | FranceFrance: Changes to Talent Permit Scheme, Processing Timeframes, and Minimum Salary Levels
June 23, 2025 | ItalyItaly: Reminder on Work Permit Exemption for UK Nationals
June 23, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 23, 2025 | 🌐Minimum Salary Changes Announced
June 23, 2025 | United StatesFragomen Recognized with Community Service Award at Woori Center 2025 Gala
June 23, 2025 | FranceFrance: Changes to Talent Permit Scheme, Processing Timeframes, and Minimum Salary Levels
June 23, 2025 | ItalyItaly: Reminder on Work Permit Exemption for UK Nationals
June 23, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 23, 2025 | 🌐Minimum Salary Changes Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

United States: USCIS Issues Further Guidance on Employment Authorization for E and L Spouses

March 18, 2022

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Starting on or about April 1, 2022, U.S. Citizenship and Immigration Services (USCIS) will issue spousal designation notices to E and L dependent spouses who possess valid Forms I-94 that were issued by USCIS before January 30, 2022 and therefore do not contain the new I-94 spousal annotation.
  • These new notices, along with the spouse’s current, valid Form I-94, will be sufficient evidence of employment authorization under List C for Form I-9 employment verification.
  • The agency will not issue these notices to E and L spouses whose current Forms I-94 were issued by U.S. Customs and Border Protection (CBP) after travel to the United States.
  • USCIS continues to implement an automatic extension of EAD validity to E, H-4, and L-2 spouses who have filed a timely application to extend an EAD and have an unexpired I-94 for E, H-4 or L status. 

A closer look

In the wake of the November 2021 U.S. Citizenship and Immigration Services (USCIS) policy change to consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status, the agency has begun implementation of the policy and issued new guidance on the next steps in the process. Starting on or about April 1, E and L spouses who are in possession of a valid I-94 issued by USCIS before January 30, and therefore lacking the new “S” spousal annotation, should receive a spousal designation notice from USCIS. This new notice can be presented in conjunction with their current non-spousal I-94 as evidence of work authorization for I-9 purposes. E and L spouses who have already received Forms I-94 indicating an “S” class of admission – generally, those issued after January 30 – may present their spousal I-94 as a List C employment authorization document in the I-9 employment verification process.

Background

Since January 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) have been issuing Forms I-94 with “S” designations for E and L spouses, and “Y” designations for E and L children, in connection with its November 2021 policy change recognizing E and L spouses as work authorized based on their status. The new class of admission (COA) codes for E and L spouses are E-1S, E-2S, E-3S, and L-2S for spouses. E and L nonimmigrant children derivatives receive a “Y” designation instead of “S.”

New guidance for E and L spouses with valid I-94s issued by USCIS before January 30, 2022

Beginning on or about April 1, 2022, E or L spouses age 21 and over who are in possession of an unexpired Form I-94 that was issued by USCIS before January 30, 2022 – and therefore, does not contain an “S” spousal designation – will receive a notice from USCIS indicating their spousal status. This notice, along with their unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, or L-2 nonimmigrant status, will serve as evidence of employment authorization for I-9 purposes.

E or L spouses who are under 21, or who have not received a spousal designation notice from USCIS by April 30, 2022, should email [email protected] to request a notice from USCIS.

USCIS will only send notices to individuals identified as qualifying spouses based on a Form I-539 approved by USCIS. Individuals who received their non-spousal Form I-94 from U.S. Customs and Border Protection (CBP) will not receive these notices, and may wish to contact their Fragomen team to discuss options for obtaining an I-94 indicating “S” spousal status. All E and L spouses have the option to travel and reenter with appropriate documentation of spousal status in order to obtain a spousal Form I-94.

I-9 employment verification guidance

USCIS has confirmed that an unexpired Form I-94 reflecting an E or L “S” designation is acceptable as evidence of employment authorization for spouses under List C of Form I-9. Therefore, E and L spouses who are issued an I-94 with the “S” annotation are authorized to work incident to their status and without the need for an EAD. 

A List C document for Form I-9 purposes means a document that can be used to demonstrate employment eligibility; an E or L spouse presenting such an I-94 will also need to provide an acceptable identity document in order to complete the I-9 process. An E or L spouse who requests and obtains a USCIS EAD will continue to be able to present it as a List A document, demonstrating both identity and employment eligibility.

Automatic extension of E, H-4, and L spousal EADs

As a reminder, since November 2021, USCIS has been implementing an automatic extension of employment authorization document (EAD) policy for certain E, H-4, and L-2 spouses. The auto-extension policy applies to E, H-4 and L-2 spouses who have filed a timely application to extend an EAD and have an unexpired Form I-94 entry record for E, H-4 or L nonimmigrant status. This policy may be especially useful for E and L spouses who have not yet received a Form I-94 with the “S” spousal designation.

Eligible E, H-4 and L-2 spouses will receive an automatic extension through the earlier of: (1) the expiration date of their valid E/H/L Form I-94; (2) the approval or denial of their EAD renewal application; or (3) 180 days from the expiration of their previous EAD.

For Form I-9 employment eligibility verification purposes, the following combination of documents is acceptable in connection with an auto-extension:

  • Form I-94 indicating unexpired H-4, E or L status;
  • Form I-797C for a timely-filed EAD renewal application with a requested EAD category of (a)(17), (a)(18) or (c)(26); and
  • A facially expired EAD in the same category, i.e., (a)(17), (a)(18) or (c)(26).

What’s next

E and L spouses who possess valid Forms I-94 issued by USCIS before January 30, 2022 should be on the lookout for new spousal designation notices from USCIS. If they do not receive the notice by April 30, they should follow the directions above to contact the agency and request the new notice. E and L spouses who have been issued Forms I-94 by CBP before January 30 and therefore do not possess the spousal annotation may wish to discuss strategies for obtaining a new I-94 with their Fragomen team.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

A New Beginning: The Rise of Highly Skilled Visa and Digital Nomad Visa Options in APAC

Practice Leader Kate Praphakornphiphat, Senior Manager Amy Zhang, Immigration Program Manager Melissa Ngeow and Senior Knowledge Management Specialist Faye Amorado discuss the increasing popularity of highly skilled visas and digital nomad visas in the Asia-Pacific region.

Learn more

Awards

Fragomen Recognized with Community Service Award at Woori Center 2025 Gala

Fragomen was honored with the Community Service Award at the Woori Center 2025 Gala on June 21, 2025 in Philadelphia.

Learn more

Media mentions

People Management: How HR Can Prepare for the ETIAS Rollout

Manager Andreia Florina Ghimis explains how HR teams can prepare for the EU’s new ETIAS travel authorisation system by communicating changes, supporting employees and ensuring compliance.

Learn more

Blog post

Not Getting Selected in the H-1B Lottery is Not the End of the Road: Other Options May Be Available

Partner Parisa Karaahmet and Associate Mehmet Esat Acar discuss how not being selected in the H-1B lottery is not the end of the road, as other visa options may be available.

Learn more

Media mentions

The Athletic: Trump Travel Ban, New Revenue-Sharing Model Create Uncertainty for International College Athletes

Partner Aaron Blumberg explains how visa delays and evolving rules are creating new challenges for international college athletes in the US.

Learn more

Media mentions

Welt: Mehr Einwanderung dank „Super-Agentur“ – die heiklen Migrationspläne der Regierung

Partner Marius Tollenaere discussed how a digital “Super-Agency” could streamline Germany’s skilled migration.

Learn more

Blog post

Crisis Preparedness Amidst Geopolitical Uncertainty

Senior Immigration Program Manager Alexia Prior and Senior Immigration Programme Consultant Julia Daoud discuss the importance of crisis preparedness in the face of geopolitical instability, emphasizing proactive strategies and resilience planning.

Learn more

Video

South African Citizenship Updates | #MobilityMinute

In this Mobility Minute, Immigration Consultant Caryn Esther Fisher discusses recent South African citizenship updates.

Learn more

Awards

Utah Business Recognizes Fragomen Salt Lake City Lawyers in 2025 Legal Elite Awards

Partner F. Joseph Paldino, Senior Associate Clark Cannon and Associate Mallorie Mecham are recognized in Utah Business’s 2025 Legal Elite.

Learn more

Media mentions

Axios: Immigration Crackdown Fears Hit White-Collar Offices

Partner Daniel Pierce discussed how heightened immigration enforcement is causing employers to review work authorization and staffing decisions.

Learn more

Fragomen news

Fragomen Bolsters Asia Pacific Services with Manila-Based Team

Fragomen announces it is deepening its capabilities in the Philippines with a new office in Bonifacio Global City, the leading business and lifestyle district in Metro Manila.

Learn more

Blog post

How UK Employers Can Use Discounted Salary Rates to Sponsor Skilled Workers

Associates Ali Ali and Charlotte Roberts discuss how UK employers can sponsor skilled workers using discounted salary rates to meet immigration requirements.

Learn more

Blog post

A New Beginning: The Rise of Highly Skilled Visa and Digital Nomad Visa Options in APAC

Practice Leader Kate Praphakornphiphat, Senior Manager Amy Zhang, Immigration Program Manager Melissa Ngeow and Senior Knowledge Management Specialist Faye Amorado discuss the increasing popularity of highly skilled visas and digital nomad visas in the Asia-Pacific region.

Learn more

Awards

Fragomen Recognized with Community Service Award at Woori Center 2025 Gala

Fragomen was honored with the Community Service Award at the Woori Center 2025 Gala on June 21, 2025 in Philadelphia.

Learn more

Media mentions

People Management: How HR Can Prepare for the ETIAS Rollout

Manager Andreia Florina Ghimis explains how HR teams can prepare for the EU’s new ETIAS travel authorisation system by communicating changes, supporting employees and ensuring compliance.

Learn more

Blog post

Not Getting Selected in the H-1B Lottery is Not the End of the Road: Other Options May Be Available

Partner Parisa Karaahmet and Associate Mehmet Esat Acar discuss how not being selected in the H-1B lottery is not the end of the road, as other visa options may be available.

Learn more

Media mentions

The Athletic: Trump Travel Ban, New Revenue-Sharing Model Create Uncertainty for International College Athletes

Partner Aaron Blumberg explains how visa delays and evolving rules are creating new challenges for international college athletes in the US.

Learn more

Media mentions

Welt: Mehr Einwanderung dank „Super-Agentur“ – die heiklen Migrationspläne der Regierung

Partner Marius Tollenaere discussed how a digital “Super-Agency” could streamline Germany’s skilled migration.

Learn more

Blog post

Crisis Preparedness Amidst Geopolitical Uncertainty

Senior Immigration Program Manager Alexia Prior and Senior Immigration Programme Consultant Julia Daoud discuss the importance of crisis preparedness in the face of geopolitical instability, emphasizing proactive strategies and resilience planning.

Learn more

Video

South African Citizenship Updates | #MobilityMinute

In this Mobility Minute, Immigration Consultant Caryn Esther Fisher discusses recent South African citizenship updates.

Learn more

Awards

Utah Business Recognizes Fragomen Salt Lake City Lawyers in 2025 Legal Elite Awards

Partner F. Joseph Paldino, Senior Associate Clark Cannon and Associate Mallorie Mecham are recognized in Utah Business’s 2025 Legal Elite.

Learn more

Media mentions

Axios: Immigration Crackdown Fears Hit White-Collar Offices

Partner Daniel Pierce discussed how heightened immigration enforcement is causing employers to review work authorization and staffing decisions.

Learn more

Fragomen news

Fragomen Bolsters Asia Pacific Services with Manila-Based Team

Fragomen announces it is deepening its capabilities in the Philippines with a new office in Bonifacio Global City, the leading business and lifestyle district in Metro Manila.

Learn more

Blog post

How UK Employers Can Use Discounted Salary Rates to Sponsor Skilled Workers

Associates Ali Ali and Charlotte Roberts discuss how UK employers can sponsor skilled workers using discounted salary rates to meet immigration requirements.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.