What to Know About New Guidance on E and L Spouse Employment Authorization Documents

On March 18, 2022, the U.S. Citizenship and Immigration Service (USCIS) announced that it would update the USCIS Policy Manual to address acceptable evidence of work authorization for certain E and L nonimmigrant spouses. This new guidance was prompted by Shergill vs. Mayorkas, a class-action lawsuit settled on November 10, 2021, wherein the USCIS announced that E and L nonimmigrant spouses would have work authorization incident to their E or L nonimmigrant status. This means that to be work authorized, they would no longer be required to apply for and receive an Employment Authorization Document prior to accepting employment in the United States. Read along for further explanation of this update and how an experienced work authorization permit lawyer in Milwaukee, WI at the Sesini Law Group, S.C., can help you navigate this new guidance.

Which E and L spouses fall under this new employment authorization guidance?

Since January 30, 2022, the USCIS has been issuing Form 1-94 with new Class of Admission codes, specifically E-1S, E-2S, E-3S, and L-2S. The USCIS has also updated its Policy Manual to reflect that the E or L spouse notation on Form I-94 may be accepted as evidence of employment authorization to satisfy List C of Form 1-9.

What if I received my Form I-94 before the employment authorization update?

On or around April 1, 2022, the USCIS will begin mailing notices to those who received their Form I-94 before the new guidance and who are over age 21 and fall under the E-1S, E-2S, E-3S, and L-2S codes. Together, the notice and the current Form I-94, will serve as sufficient proof of employment authorization under List C of Form I-9. However, in all circumstances, it is important that you have a valid Form I-94, meaning that it is unexpired at the time of verification.

If you fall under this new guidance, it is important that you retain the services of a proficient family immigration lawyer in Milwaukee, WI as soon as possible so that you can receive assistance with managing your I-9 completion and collecting the best evidence for your work authorization.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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