Important Updates
Important Updates
March 13, 2026 | BrazilDiário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios
March 13, 2026 | BrazilBrazil: Electronic Visitor Visa Now Available for Chinese Nationals
March 13, 2026 | CanadaCanada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award
March 13, 2026 | CanadaCanada: Quebec Introduces Temporary Work Permit Option for Workers Awaiting Permanent Selection
March 13, 2026 | CanadaCanada: Temporary Increase to Low-Wage Temporary Foreign Worker Cap for Rural Employers Forthcoming
March 13, 2026 | BrazilDiário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios
March 13, 2026 | BrazilBrazil: Electronic Visitor Visa Now Available for Chinese Nationals
March 13, 2026 | CanadaCanada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award
March 13, 2026 | CanadaCanada: Quebec Introduces Temporary Work Permit Option for Workers Awaiting Permanent Selection
March 13, 2026 | CanadaCanada: Temporary Increase to Low-Wage Temporary Foreign Worker Cap for Rural Employers Forthcoming
March 13, 2026 | BrazilDiário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • 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

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

Artificial Wage Inflation in Business Immigration: Policy Misalignment and Employer Impact

Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Awards

Partner Sarah K. Peterson Recognized as a 2026 Women in Business Honoree by the Minneapolis/St. Paul Business Journal

Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.

Learn more

Media mentions

The HR Room Podcast: How to Navigate Irish Immigration Law

Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.

Learn more

Media mentions

Housing Today: Right to Work Scheme Expansion: What Housebuilders Need to Know

Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.

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

© 2026 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.