On 11/12/2021, USCIS issued a memo stating that E and L dependent spouses will now be employment authorized incident to their status. This change means that E and L dependent spouses are no longer required to request an employment authorization document (EAD) to undertake employment. Due to greatly increased processing times for EAD applications, this policy change is a most welcome development. However, please note that USCIS must implement changes to the I-94 (Arrival/Departure Record) before E and L spouses can present their Form I-94 in connection with the completion of Form I-9, Employment Eligibility Verification. Until the notation on Form I-94 issued to E and L dependent nonimmigrants is revised, Form I-94 solely indicating E or L nonimmigrant status is insufficient evidence of employment authorization under List C of Form I-9. Please check back for updates on the implementation of this policy and status of the I-94 revision, hopefully in the near future.
