USCIS Updates Guidance On Employment Authorization For Certain E And L Nonimmigrant Spouses

On March 18, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would update the USCIS Policy Manual to address acceptable evidence of work authorization for E and L nonimmigrant spouses. The updates, provided in response to the settlement agreement reached in the class action Shergill v. Mayorkas, also address Forms I-94 issued by USCIS prior to January 31, 2022.

Background

On November 10, 2021, as part of the settlement agreement in Shergill v. Mayorkas, USCIS announced that E and L nonimmigrant spouses would have work authorization incident to status. As part of the agreement, USCIS further agreed to create a new I-94 designation for E and L spouses that would serve as evidence of work authorization.