Great news for married spouses and children of visas E or visas L holders. Read carefully to get it right with the immigration officer. This information has been brought to our attention by the Columbus Consulting group.

  • When entering the US as a dependent of an E or L visa:

An admitting officer will now be required to choose one of the below codes at the time of admission:

  • E-1S – Spouse of E-1
  • E-1Y – Child of E-1
  • E-2S – Spouse of E-2
  • E-2Y – Child of E-2
  • E-3S – Spouse of E-3
  • E-3Y – Child of E-3
  • L-2S – Spouse of L-1A or B
  • L-2Y – Child of L-1A or B

Although not necessarily required, it is recommended that E and L spouses travel with proof of the marriage relationship, as to assure that the correct status is issued on the system.

  • If in the US under E or L dependent status:
  • USCIS (according to the Shergill v. Mayrokas litigation settlement) recognizes that E and L spouses are authorized to work incident to status, and any valid I-94 is considered valid for work authorization, regardless of the annotation.
  • USCIS has updated its I-9 and E-Verify sites to reflect this change in policy. USCIS Policy Manual, Chapter 2: Employment-Based Nonimmigrants, also reflects the change.
  • I-797 Approval Notices from USCIS will be received with the new codes on the attached Form I-94, as well.

Source: Practice Alert from AILA’s CBP Liaison Committee & updated info from the SEAR (Systems Enforcement Analysis and Review)

Thank you Isabelle Marcus from Columbus Consulting Group for this good news.

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