Pursuant to a recent USCIS policy change whereby the Service is now acknowledging that L-2, E-1, E-2, and E-3 spouses have employment authorization incident to their immigration status, U.S. Customs and Border Protection (“CBP”) has confirmed that it is updating all L-2 I-94s for L-2 spouses, 22 years of age or older, to add “S” to the status for those who entered prior to 1/31/22. Those entering on January 31, 2022 or later have had the “S” added upon entry to the U.S. CBP did not add the “S” to L-2 I-94 cards for foreign nationals ages 18-21 at time of entry, due to uncertainty about whether they were dependent spouses or children. For this group of L-2 dependents, the “S” will need to be added to applicable I-94s on next entry to the U.S., by presenting evidence of spousal relationship, or through the next filing with USCIS. CBP has been unable to make this adjustment for E-2 spouses given the difficulty in distinguishing between an E-2 principal and an E-2 dependent spouse. To seek the “S,” E-2 spouses will need to follow the same instructions as for the L-2 dependents ages 18-21.
USCIS is now issuing I-797 approval notices for L-2 and E-2 spouses that specifically state the notice may be used to document work authorization and for completion of Form I-9.