Documentation of Employment Authorization for Certain E and L Nonimmigrant Dependent Spouses
USCIS will consider E and L spouses to be employment authorized incident to their valid E or L nonimmigrant status. DHS is modifying the Arrival-Departure Record (Form I-94) to distinguish E and L spouses from E and L children on the document. Once DHS makes these changes, the revised form will be acceptable as evidence of employment authorization under List C of Form I-9, Employment Eligibility Verification.
Which E and L nonimmigrant dependent spouses would this apply to?
- E nonimmigrant spouses: E-1S, E-2S, E-3S.
- L nonimmigrant spouses: L-2S.
- Forms I-94 with these codes are acceptable as evidence of employment authorization for spouses under List C of Form I-9.
In early April 2022, USCIS mailed notices to E and L spouses (age 21 or over) who have an unexpired Form I-94 that USCIS issued before January 30, 2022.
- This notice with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E3R, or L-2 nonimmigrant status, are acceptable as evidence of employment authorization for these spouses under List C of Form I-9.
H-2B Cap Reached: Temporary Rule Allowing 35,000 Additional
H-2B Visas for Second Half of FY2022
USCIS has reached the mandated H-2B cap for the second half of fiscal year (FY) 2022. Effective May 18, 2022, DHS and DOL is implementing a temporary rule allowing up to 35,000 additional H-2B visas to be issued during Fiscal Year 2022.
Who does this temporary rule apply to?
- Positions starting on or after April 1, 2022 to September 30, 2022.
- 23,500 visas are reserved for returning workers regardless of country of nationality.
- 11,500 visas are reserved for nationals of Haiti, Honduras, Guatemala, and El Salvador.
The rule also provides temporary portability flexibility by allowing H-2B workers already in the United States to begin work immediately after an H-2B petition is received by USCIS, and before it is approved.
June 2022 Visa Bulletin: Employment Based Breakdown
To be eligible to file an employment-based adjustment application with USCIS in June, an employer-sponsored foreign national’s priority date must be earlier than the date listed below for their preference category and country.
What are the USCIS Cutoff Dates for June 2022?
EB-1 Priority Workers
- China and India: Current
- All other countries: Current
EB-2 Professionals with Advanced Degrees or Person with Exceptional Ability
- China: March 1, 2019
- India: September 1, 2014
- All other countries: Current
EB-3 Professionals and Skilled Workers
- China: March 22, 2018
- India: January 15, 2012
- All other countries: Current
EB-3 Other Workers
- China: June 1, 2012
- India: January 15, 2012
- All other countries: May 8, 2019
EB-4 Certain Special Immigrants
- El Salvador, Guatemala, Honduras: May 1, 2017
- Mexico: April 1, 2020
- All other countries: Current
EB-5 (Non-Regional Center, Unreserved)
- China: November 22, 2015
- All other countries: Current
EB-5 (Regional Center, Unreserved)
- China: November 22, 2015
- All other countries: Current
EB-5 Set-Asides
- Rural, High Unemployment, and Infrastructure: Current for all countries
