Work Authorization, Dependent of E and L1 Visas

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.