Update To L-2 Spousal Work Authorization: All I-94s In Government Database Receive S Annotation

Due to the COVID-19 pandemic and its aftermath, backlogs for immigration benefits have been at an all-time high, with some benefits-such as the L-2 Spousal EAD-taking up to 12 months or longer.

To address this backlog, the U.S. Citizenship and Immigration Services (USCIS) announced that it would consider L dependent spouses to be employment authorized incident to their valid L-2 status. This was welcomed news, especially as the announcement also confirmed that Employment Authorization Documents ("EAD card") would also no longer be required for spouses to work. However, in its announcement, USCIS failed to address how employers should complete Form I-9 (a form required by all U.S. employers to verify work authorization) for L-2 spouses without a valid EAD card.