L-2 And E Dependent Spouses: CBP Begins Implementing New I-94 Designations

U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance addressing the automatic extension of status for H-4, L-2, and E dependent spouses in response to the settlement of a class action lawsuit.

The guidance states that USCIS will consider L-2 and E dependent spouses (but not H-4 dependent spouses) work-authorized incident to their status, meaning that these dependent spouses will not need an employment authorization document (EAD) to work in the United States. As part of this policy change, USCIS indicated that it would work with U.S. Customs and Border Protection (CBP) to update the I-94 system to indicate work authorization, as the system in place does not differentiate between work-authorized L-2 and E dependent spouses and non-work-authorized L-2 and E dependent children. USCIS had initially indicated that the new I-94 system would be implemented within 120 days of the policy announcement in November 2021.