Pursuant to USCIS’ settlement in Shergill, et al. v. Mayoraks (https://www.rnlawgroup.com/breaking-reddy-neumann-and-litigation-partners-drive-uscis-policy-change-for-h-4-eads-and-l-2-eads/) and its subsequent policy announcement on November 11, 2021, USCIS has provided guidance on how it intends to effectuate the settlement and allow for work authorization for L-2 and E spouses.
As discussed previously, USCIS and CBP will begin issuing I-94s for L-2 and E-3 spouses with an indicator on the approval notice that shows they are a spouse that is authorized to work. These new I-94s will be L-2S (L-2 spouse), E-1S (E-1 spouse), E-2S (E-2 spouse), and E-3S (E-3 spouse). Starting on January 30, 2022, USCIS and CBP began issuing I-94s with those codes for newly admitted or newly approved cases. These unexpired I-94s with these codes are acceptable as evidence of employment authorization as a List C document on Form I-9.
For those that had an I-539 approved prior to that date, and still have a valid I-94, USCIS has announced that it will begin mailing notices to those individuals beginning on or about April 1, 2022. This notice, along with your unexpired I-94 will be sufficient for work authorization evidence. Note, USCIS will only provide notices for those that have an I-94 from USCIS not from CBP. For those that entered the US prior to January 30, 2022, they will need to contact CBP for an updated I-94.
If you do not receive your notice by April 30, or are an E or L spouse that is under 21, you can email USCIS at E-L-married-U21@uscis.dhs.gov to request a notice.
By: Steven A. Brown