Our DYE immigration attorneys explain how E & L spouses are now automatically authorized for employment. Read more about this here.
L-2 & E-2 dependent spouses are now authorized to work in the United States immediately after entering the United States.
Under the L-2 visa, spouses of L-1 visa holders can enter the United States for the same period of time as the worker and receive authorization to work anywhere in the United States.
An E-2 dependent visa is available to family members, including those individuals who are married to citizens of a country with a treaty of commerce and navigation with the United States.
If you want to apply for an L-2 or E-2 dependent visa, it is essential to know that eligible spouses of the primary L-1 and E-2 visa holders will receive automatic authorization to work inside the United States.
Spousal Employment Authorization Policies
The U.S. Citizenship and Immigration Services (USCIS) has recently changed its spousal employment authorization policies for L-2 and dependent E-2 spouse visa holders. These individuals will be allowed to avoid employment gaps due to paperwork processing delays and backlogs, and no longer need to file for a separate Employment Authorization Document (EAD). Eligible visa holders will be able to obtain work authorization upon admission to the United States.
On Nov. 12, 2021, USCIS issued a policy announcement to clarify that they will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between E and L spouses and children.
As of Jan. 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S.
How to Prepare
In the past, E and L dependent spouses had to wait months to seek initial work authorization or renew their current work authorization. This automatic authorization will help visa holders avoid this employment gap. However, you must speak to an experienced immigration attorney to ensure you qualify.
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