Form I-9 Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses

Form I-9 Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses

On March 18, 2022, USCIS issued a Policy Alert titled “Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses.” As of January 20, 2022 USCIS and CBP began issuing Form I-94, Arrival-Departure records, with new classes of admission (COA) codes for certain E and L nonimmigrant dependent spouses who are employment authorized based on their status.  The COA designations for E and nonimmigrant spouses are E-1S, E-2S, E-3S, and L-2S for nonimmigrant L spouses.  Forms I-94 containing these code designations are acceptable as a List C, #7 Employment Authorization Document issued by the Department of Homeland Security.

Employees providing this as a List C document must also provide a List B Identity document from the Lista of Acceptable Documents.  For more information on acceptable Form I-9 documentation, please visit Form I‑9 Acceptable Documents Webpage.

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