As a result of a previously announced settlement, L and E spouses are now able to work without requiring a separate Employment Authorization Document (EAD). Previously, all L and E nonimmigrant spouses were required to apply for an EAD using Form I-765, Application for Employment Authorization in order to work in the United States. Now, L and E spouses may provide I-94 records as evidence of work authorization and forego applying for an EAD.
To comply with the settlement, CBP units have started issuing I-94 records showing an "S" in the class of admission to indicate spousal status upon entry in the United States. For example, L-2 spouses are annotated as "L2S" and E-3D spouses are now "E3S." In addition, CBP is taking the extraordinary step of updating prior I-94 records as well. This means individuals who traveled to the U.S. before the annotations were introduced will also benefit from the ability to use their I-94 as proof of work authorization. Employers can use an I-94 showing E or L spousal status as a List C document for I-9 verification purposes; a proper List B document is still required to establish identity.
If you are an E or L nonimmigrant spouse and seek work authorization in the United States, please check your I-94 records on the CBP Website to confirm if your I-94 has been updated with your spousal annotation.
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