Did you know that USCIS now considers L spouses to be employment authorized based on their valid L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish L spouses and children. As of January 30, 2022, USCIS and CBP began issuing Forms I-94 with L-2S code for L spouses. An unexpired Form I-94 reflecting L-2S code is acceptable as evidence of employment authorization for L spouses. This isa significant development for L spouses because they are no longer required to apply for Employment Authorization Document, which takes months to process.
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Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States.