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ARTICLE · 15 FEBRUARY 2022

Form I-9 Update – L And E Nonimmigrant Spouses Eligible For Work Without Employment Authorization Document – Really?

Dickinson Wright PLLC
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During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate...

United StatesImmigration
Kathleen Walker
Kathleen Walker
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During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the litigation settlement (Settlement) reached in Shergill, et. al. v. Mayorkas announced on November 12, 2021. The Settlement will finally recognize that spouses of L-1 intracompany transferees (L-2) and E-1/E-2/E-3 nonimmigrant visa holders are authorized to work "incident to their status" as spouses of these principal nonimmigrants. This article is limited in scope to the E and L dependent spouses affected.

More recently, on January 31, 2022, CBP's Systems Enforcement Analysis and Review (SEAR) office confirmed that CBP was applying the following new admission codes to identify spouses of E and L principals for documentation of work authorization.

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