The AILA-CBP* Liaison Committee has received updated information from Systems Enforcement Analysis and Review (SEAR). SEAR advised that the implementation of the new Codes of Admission went live on January 31, 2022. As of this date, the I-94s issued to dependent family members of an E or L visa holders will display one of the following codes to differentiate E and L spouses from E and L children. This is being done as E and L spouses are now authorized to work “incident to status” and are no longer required to apply for an EAD in order to engage in employment in the U.S.
The following categories were created:
E-1S – Spouse of E-1
E-1Y – Child of E-1
E-2S – Spouse of E-2
E-2Y – Child of E-2
E-3S – Spouse of E-3
E-3Y – Child of E-3
L-2S – Spouse of L-1A or B
L-2Y – Child of L-1A or B
An admitting CBP officer will be required to choose one of the above codes at time of admission when issuing the electronic I-94.
SEAR confirmed that this change is a designation moving forward from January 31, 2022, and only applicable to new arrivals. SEAR also confirmed that they will not be able to change already issued I-94s. If someone already inside the United States wishes to have the new designation, they will be required to depart the United States and re-enter.
SEAR mentioned that according to the Shergill v. Mayrokas litigation settlement, USCIS recognizes that E and L spouses are authorized to work incident to status, and any valid I-94 is considered valid for work authorization, regardless of the annotation. SEAR also noted that USCIS has updated its I-9 and E-Verify sites to reflect this change in policy. I-797 Approval Notices will also begin to be issued that display the new codes on the attached Form I-94, as well.
For those re-entering the U.S. through Automatic Visa Revalidation with an I-797 USCIS issued I-94, SEAR confirmed that the arrival associated with the encounter will show the category with the new annotation, although technically the individual is not issued a new I-94.
Although not necessarily required, SEAR recommended that E and L spouses travel internationally with proof of the marriage relationship so as to assure that the correct status is designated on their new I-94s upon returning to the U.S.
* AILA = American Immigration Lawyers Association. CBP= Customs & Border Protection
