In recent weeks, U.S. Citizenship and Immigration Services (USCIS) has commenced updating guidance in the policy manual to reflect the changes in documents required, for non-immigrant spouses to utilize as evidence of employment authorization. These changes are as a result of the policy update announced in November 2021, impacting the spouses of certain E and L visa holders.

As a consequence of the change in policy, spouses of E and L visa holders, should now be issued I-94 forms with the following new Class of Admission codes: E-1S, E-2S, E-3S, L2s, and USCIS have confirmed that an unexpired Form I-94, reflecting one of these new codes is acceptable, as evidence of employment authorization for spouses under List C of Form I-9.

This is welcome news indeed and USCIS should be congratulated on the modernization of the EAD policy. Furthermore, this will reduce the burden on staff as certain Employment Authorization Document (EAD) applications have a current processing time of up to 11.5 months. Although the new system has been implemented, it has not been without teething issues and we have noticed some clients experiencing Customs Border Patrol (CBP) officers not entering the correct COA upon entry to the USA. At Davies Legal we are advising clients how to take proactive steps to ensure accuracy and to prevent delays.

At Davies Legal Immigration, we represent clients in connection with all types of US immigration. We provide a comprehensive service, including clear and concise advice from the outset, a pragmatic approach and efficient working practices. We understand the importance of our cases to clients and adopt a well-reasoned, diligent approach, in order to maximize your prospects of success. Call now to speak to a licensed US immigration attorney and obtain a free, no obligation quote.