The U.S. Citizenship and Immigration Services is making updates to the agency's policy manual regarding documentation for certain E and L nonimmigrant spouses can use for evidence of employment authorization.

"If you are an E or L spouse age 21 or over who has an unexpired Form I-94 that USCIS issued before Jan. 30, 2022, we will mail you a notice beginning on or about April 1, 2022," a press release stated. 

In November 2021, USCIS announced that E and L spouses would be considered to be employment authorized based on their valid E or L nonimmigrant status, according to a press release. Since the announcement, a new Class of Admission (COA) code was created to distinguish between E and L spouses and children. 

By the end of January, USCIS and Customs and Border Patrol began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. The press release noted that unexpired Form I-94 reflecting one of the new codes has been listed as accepted evidence of employment authorization for spouses under List C of Form I-9.

The USCIS noted that notices would only be sent to persons identified as qualifying spouses based on approved From I-539.