Updated Guidance From USCIS About Employment Eligibility For E Or L Dependent Spouses

The U.S. Citizenship & Immigration Services (USCIS) is working to provide updated documentation to spouses having E or L nonimmigrant visa status who are now authorized to work incident to their immigration status in light of the recent USCIS policy change.

When working in the United States, an employer is required to complete a Form I-9, Employment Eligibility Verification (Form I-9) and request the employee to provide documentation of the employee's identity and legal authorization to work in the United States. For E or L nonimmigrant spouses, the employment authorization used to be in the form of an Employment Authorization Card (EAD). However, based upon the implementation of the above policy change for Form I-9 completion, an employer may now accept from an E or L nonimmigrant spouse, a Form I-94 issued in the E-1S, E-2S, E-3S or L-2S classification.