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Posted (edited)

Hi everyone!

I just got in the US with my L2 (spouse of an L1b) visa. I know that last November there was a change in the EAD requirement for L2 visa possessors, in the sense that we no longer need the authorization to work in the US, which is fantastic news!

That being said, I still am unsure if this new regimen is already active. I read that the I-94 form should change for us, but since this is my first I-94, I do not know if I am already exempt from the EAD.

On my I-94, it states that I am entering on a L2 visa, that's it. Nobody told me anything about my working situation, the EAD etc.

Do any of you know if the new regimen is already in place? If not, when will it be activated and how will I get on this? 

Thank you!

Edited by Mariboh
Filed: K-1 Visa Country: Wales
Timeline
Posted
Quote

The recognition that L dependent spouses are automatically work-authorized due to their status—without the need for an EAD—but only if they hold a Form I-94 arrival record specifically annotated to indicate their spousal status (which doesn't yet exist but is in the works).

Hopefully this answers your question

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted

Here's the USCIS policy memo update:

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf

 

Quote

DHS will immediately take steps to modify Forms I-94 evidencing nonimmigrant status
issued to E and L dependents so that E and L dependent spouses can be distinguished from E and L
dependent children on the face of the document. Once these changes are made, the revised Form I-94
containing a notation indicating that the bearer is an E or L dependent spouse will be acceptable as
evidence of employment authorization under List C of Form I-9.

 

According to the above, you can use your I-94 record for meeting the requirements of List C of the I-9 employment eligibility form.   But the I-94 will have to specifically state that you are an L2 spouse.

Posted
18 minutes ago, SteveInBostonI130 said:

Here's the USCIS policy memo update:

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20211112-EmploymentAuthorization.pdf

 

 

According to the above, you can use your I-94 record for meeting the requirements of List C of the I-9 employment eligibility form.   But the I-94 will have to specifically state that you are an L2 spouse.

Thank you! 

I looked more online and found that the new form should be in place by March 10, 2022: https://www.jdsupra.com/legalnews/some-overdue-but-limited-relief-for-1597169/

I truly hope this is correct. Anyone can confirm the date and/or the reliability of the source?

  • 3 weeks later...
Posted
7 hours ago, Fertika said:

Hi,

 

There is a new Information about it 

 

https://www.natlawreview.com/article/cbp-issues-new-i-94-e-and-l-class-admission-codes

 

https://www.jdsupra.com/legalnews/employment-authorization-update-for-e-8699294/

 

 

Hope it helps for everyone. Im in the same situation.

This is fantastic news!! Hopefully will be in place in all airports soon.

Thank you for sharing.

 
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