Tuesday, May 10, 2022: Take Note of Interim Acceptable Employment Authorization for I-9 Form
The United States Citizenship and Immigration Services (USCIS), along with Customs and Border Protection, began issuing (as of January 30, 2022) new classes of admission (COA) codes for E and L nonimmigrant dependent spouses. The new codes represent employment authorization based on status and are part of Form I-94 (Arrival/Departure Record).
New Classes of Admission
- The new COA designations for E nonimmigrant spouses are “E 1S,” “E 2S,” and “E 3S.”
- The new COA designation for L nonimmigrant spouses is “L 2S.”
Acceptable Documentation
Form I-94s containing these code designations are acceptable as a List C, #7 employment authorization document issued by the Department of Homeland Security on the Employment Eligibility Verification Form I-9.
USCIS mailed notices in early April 2022 to E and L spouses (age 21 or over) who have an unexpired Form I-94 issued before Jan. 30, 2022. This notice, along with an unexpired Form I-94 reflecting “E 1,” “E 2,” “E 3,” “E 3D,” “E 3R,” or “L 2” nonimmigrant status, will satisfy I-9 Form, List C, #7.
Employees who are an E or L spouse, employment authorized based on their status and under 21, or did not receive the notice by April 30th can email E-L-married-U21@uscis.dhs.gov to request a notice.