On January 30, 2022, USCIS and Customs and Border Patrol issued further clarification about what documents are usable to prove work authorization for the spouses of E and L nonimmigrant visa holders. Since then they have begun issuing I-94 cards with new COA codes for certain E and L spouses: E-1S, E-2S, E-S, and L-2S. An unexpired I-94 reflecting one of these new codes is acceptable as evidence of employment authorization under List C of an I-9 form.

If you are an E or L spouse age 21 or over, who has an unexpired I-94 that USCIS issued before Jan 30, 2022, USCIS will mail you a notice beginning on or around April 1, 2022. This notice plus your unexpired I-94 that reflects any of the above listed categories or E-1, E-2, E-3, E-3R, E-3D, or L-2 nonimmigrant status, will serve as evidence of employment authorization. These notices will only be sent to people identified as a qualifying spouse based on an I-539 application that have been approved by USCIS.

If you are an E or L spouse who is under 21, or you have not received your notice by April 30, 2022, you should email E-L-married-U22@uscis.dhs.gov to request a notice. If you received your I-94 card from CBP, you need to visit cbp.gov to inquire.