Further to policy changes first announced in November 2021, U.S. Customs and Border Protection (CBP) has implemented new Form I-94 admission codes that allow E and L dependent spouses entering the U.S. after January 31, 2022 to work without a separate employment authorization document (EAD).
A Form I-94 issued to an E or L dependent spouse admitted to the U.S. after January 31, 2022 is now alone sufficient to establish I-9 employment eligibility. However, at this time, a Form I-94 issued to an E or L dependent spouse admitted before January 31, 2022 is not alone sufficient to establish I-9 employment eligibility.A valid Form I-94 must be combined with a valid EAD or with evidence of a timely filed EAD extension in order to establish I-9 employment eligibility. See the limited automatic extensions policy below for further details.
New Form I-94 admission codes are assigned only when a foreign national enters the U.S. If E or L dependent spouses currently in the U.S. were admitted before January 31, 2022, they will need to depart and re-enter the U.S. based on a valid E-1, E-2, E-3, or L-2 derivative visa in order to obtain a new Form I-94 admission code permitting them to work in the U.S. Otherwise, they will need a valid EAD as detailed above. They cannot obtain a new admission code through CBP.
Only E and L dependent spouses are newly eligible for employment incident to status. The new codes distinguish between dependent spouses and dependent children in each category because only E and L dependent spouses are eligible for employment authorization. Dependent children in each category will also receive a new Form I-94 admission code upon entering the U.S., but dependent children will remain ineligible for employment and their status will otherwise remain unchanged.
Limited automatic extensions for pending EAD renewal filings will continue. Per the policy changes announced in November 2021, E and L dependent spouses will continue to qualify for automatic extension of their employment authorization if they have timely filed an EAD renewal application and have derivative nonimmigrant E or L status that continues to remain valid, as evidenced by an unexpired Form I-94. Dependent spouses who qualify for automatic extension of their EAD may continue to work in the U.S. until the end date of their I-94 record, the approval or denial of the EAD renewal application, or 180 days from the date of their expired EAD, whichever is the earliest date. Upon approval, pending extensions of status will reflect the new Form I-94 admission codes.
Please feel free to reach out to our immigration team with any questions about these key changes in employment eligibility.