CBP Begins Issuing New I-94 Designations for L-2 and E Dependent Spouses Granting Employment Authorization Incident to Status

In November 2021, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance addressing the automatic extension of status for H-4, L-2, and E dependent spouses, as well as confirming that L-2 and E dependent spouses (but not H-4 dependent spouses) hold work-authorization incident to their status, meaning that these dependent spouses will not need an employment authorization document (EAD) to work in the United States. USCIS indicated that it would work with U.S. Customs and Border Protection (CBP) to update the I-94 system to indicate work authorization, as the system previously in place did not differentiate between work-authorized L-2 and E dependent spouses and non-work-authorized L-2 and E dependent children.

On January 31, 2022, CBP began implementing the new I-94 system at ports of entry throughout the United States, issuing admission codes so that E and L spouses’ I-94s now bear a spousal designation in the form of an “S” next to the E or L2 designation (e.g., an L-2 spousal I-94 is now designated as “L2S”). For E and L-2 dependent spouses who last entered the United States before January 31, 2022, and who have pending E dependent or L-2 extension-of-status applications with USCIS, it is expected that USCIS will soon issue approval notices with the new designation.  An I-94 with the appropriate dependent spouse designation can be used as an employee’s “List C” document for I-9 purposes, along with an additional “List B” document to confirm the employee’s identity.