Seyfarth Synopsis: USCIS issued
long-awaited guidance on how employers should treat certain E and L
spouses' work authorization based on their status when
completing the Form I-9. USCIS also confirmed that it will mail
updated notices to E and L spouses, who previously received an
I-797 approval notice, that can be treated as proof of work
authorization.
On March 18, 2022, the United States Citizenship and Immigration
Services (USCIS) formalized updated policy guidance on
documentation that certain E and L dependent spouses may use to
complete Form I-9.
Background
Following the settlement agreement in Shergill, et al. v.
Mayorkas, 11/10/2021, No. 21-cv-1296-RSM, the USCIS clarified that E and L spouses would be
considered employment authorized incident to their E or L
nonimmigrant status, meaning they would no longer be required to
apply for an Employment Authorization Document to be work
authorized. At that time, USCIS explained that new steps would be
taken
