Kind I-9 Alert – USCIS Designates I-94s with New Admission Codes For E and L Spouses as Checklist C Paperwork… What? | Dickinson Wright


After america (U.S.) Citizenship and Immigration Providers (USCIS) acknowledged that E and L nonimmigrant spouses are entitled to work within the U.S. “incident to standing” on November 12, 2021, a brand new Class of Admission (COA) codes had been created to be used in issuing Varieties I-94. And on March 18, 2022, USCIS up to date its Coverage Handbook to advise how sure E and L dependent spouses (age 21 and over) might doc their work authorization for Kind I-9 functions in a brand new approach. Please consult with our prior weblog concerning E and L partner I-94s on this topic.

Who’s affected by this Coverage Change?

First, USCIS and CBP began issuing Varieties I-94 with the brand new COA codes for E and L spouses as of January 30, 2022 (e.g., E-1S, E-2S, E-3S, and L-2S). An unexpired I-94 with considered one of these new codes could also be accepted for Checklist C underneath Kind I-9. Which means when finishing a Kind I-9 for a brand new rent, employers will nonetheless have to request a Checklist B identification doc when offered with one of many new Kind I-94 with these codes.

Second, for these E or L spouses age 21 or over with an unexpired Kind I-94 that USCIS issued earlier than January 30, 2022, USCIS will mail a discover beginning on or about April 1, 2022 to those people. The discover, together with an unexpired Kind I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant standing, could also be used for documentation of employment authorization for Kind I-9 functions. Thus, when an I-94 doesn’t have the brand new COA, the employer has to take a look at yet one more type to finish Checklist C.

When does USCIS challenge a Kind I-94?

USCIS might challenge a Kind I-94 on the backside of Kind I-797 approval discover based mostly on a standing change or extension software. For E and L spouses, the USCIS type used to use for an extension is Kind I-539.

What if I don’t obtain the discover from USCIS?

If you’re an E or L nonimmigrant partner with a USCIS issued Kind I-94 and haven’t acquired the USCIS discover by April 30, 2022, please use [email protected]  to request a discover.

What does this Coverage Change not deal with?

It is a Coverage Change introduced by USCIS, not U.S. Customs and Border Safety (CBP). USCIS points Kind I-94 upon arrival within the U.S. by way of land, sea, or air. Sometimes, these making use of for admission to the U.S. will retrieve their digital I-94 report from the CBP web site at: CBP began issuing Varieties I-94 with the brand new codes for E and L nonimmigrant spouses on January 28, 2022.

What are the brand new permitted Class of Admission (COA) codes being utilized by CBP?

E-1S – Partner of E-1

E-1Y – Baby of E-1

E-2S – Partner of E-2

E-2Y – Baby of E-2

E-3S – Partner of E-3

E-3Y – Baby of E-3

L-2S – Partner of L-1A or B

L-2Y – Baby of L-1A or B

Please notice that USCIS can also be utilizing these codes when approving a change or extension regarding L or E dependent standing, which is acknowledged on the I-94 positioned on the backside of the I-797 approval discover. These codes are solely utilized to new arrivals to the U.S. by CBP. 

Will CBP “appropriate” an I-94 issued to an E or L dependent partner to incorporate the brand new COA?

If E and L spouses and youngsters final entered the U.S. after January 28, 2022, which is the date that CBP started the usage of the brand new COAs for E and L nonimmigrant dependents, CBP will appropriate the I-94 by way of the CBP deferred inspection location closest to the bodily location of the nonimmigrant requiring the correction. In some instances, these corrections could also be made by way of e mail.

Any certified E and L nonimmigrant spouses and youngsters, who entered the U.S.  prior to January twenty eighth, 2022, should contact USCIS for help with having their COA modified. Observe that in the event that they depart the U.S. and are eligible to use for readmission at a port of entry, CBP might challenge a brand new I-94 with the suitable code. It’s important to seek the advice of with authorized counsel earlier than departing the U.S. to contemplate admissibility necessities to be eligible to return to the U.S.  Computerized Visa Revalidation (AVR) doesn’t apply to these with a pending change of standing (not but permitted).

So what does this imply for an E or L nonimmigrant partner requiring a doc for work authorization proof for Kind I-9 functions ASAP?

First, for these E and L nonimmigrant spouses over 21 within the U.S. with a USCIS issued Kind I-94 (e.g., usually those that had been permitted for extensions or modifications of standing by USCIS) with out the brand new COA code, they are going to be on the lookout for USCIS notices VIA MAIL for use along side their present USCIS I-797 approval notices to show work authorization for Kind I-9 functions. They need to mark April 30 on their calendar for the e-mail follow-up described above to request the discover, if they’ve but to obtain it by this date.

If an E or L nonimmigrant has an unexpired Kind I-94 issued by CBP at a port of entry with out the COA code, they will take into account:

  • In the event that they entered the U.S. after January 28, 2022, and their Kind I-94 doesn’t have the brand new COA, then a CBP correction is feasible whereas remaining within the U.S. utilizing a deferred inspection website, for instance.
  • As to Varieties I-94 issued by CBP on or earlier than January 28, 2022, CBP directs these nonimmigrants to USCIS. Since USCIS solely will get into the I-94 enterprise after they challenge an approval discover with the I-94 on the backside of the I-797 type. From a sensible perspective, E and L nonimmigrants with an I-94 issued previous to the existence of the brand new COAs for E and L nonimmigrant spouses 21 and over might want to depart the U.S. to use for readmission to the U.S. to acquire a brand new I-94 with the suitable code in probably the most expedited approach.

The optimistic aspect of this example is that the choices take away the burdensome obstacle of prolonged waits for USCIS to adjudicate I-765 employment authorization purposes for E and L spouses. The draw back is that it could have been a lot simpler to permit a passport and I-94 with the brand new code to function a Checklist A doc, with a purpose to be in keeping with different work-authorized nonimmigrants “incident to standing”  (e.g. principal E and L nonimmigrants).

The continuing lack of coordination between businesses implementing good concepts is obvious on this saga. USCIS wouldn’t have to mail something out concerning the brand new codes if an L or E dependent partner’s  I-94 mixed with a legitimate passport and marriage certificates or the L-2 visa with the principal nonimmigrant’s identify had been deemed acceptable for Kind I-9 functions.   Actually, the Social Safety Administration has been utilizing the wedding certificates method for years to challenge restricted standing social safety numbers to E and L spouses. Now, L and E dependent spouses should put collectively their private puzzle on this transition when they don’t possess a USCIS  I-94 or CBP issued I-94 with the suitable new code. Small steps are nonetheless good.

Backside of I-797A with I-94 issued by USCIS with out the brand new L-2 partner code

I-94 Digital Admission File Issued by CBP with new L-2 partner code

Part 2 of Kind I-9 when the brand new COA I-94 is offered for work authorization with an instance of Checklist B identification doc alternative by an worker. Observe,if the unexpired I-94 issued by USCIS and I-797 didn’t have the proper new COA, then the employer would want to take a look at the USCIS discover described on this alert. That info would sometimes be inserted within the info field of Part 2 of Kind I-9. As an thought, maybe we insert the next:  “USCIS discover as to dependent L/E COA reviewed.”  We are going to see. 

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