Oberman Law Firm

USCIS Issues Guidance on Work Authorization for L-2 Spouses

Eligible spouses of executives, managers and other professional staff who transfer within their company from abroad to an office in the U.S. will begin to receive special notices to be used as evidence of employment authorization.

U.S. Citizenship and Immigration Services (USCIS) announced that by April 1, it will start mailing out spousal designation notices to L-2 visa holders—the dependent spouses of L-1 intracompany transferees—who possess a valid Form I-94 issued before Jan. 30.

The I-94 is a travel record provided to foreign visitors to log their arrival in the U.S. and note how long they are allowed to remain in the country..

L-2 visa holders can present the new notice and their current, valid I-94 for work authorization. L-2s who received a newly annotated I-94 record indicating the “S” class of admission may simply present their I-94 as a List C employment authorization document. L spouses presenting the newly annotated I-94 will also need to provide an acceptable identity document to complete the I-9 process.

Authors:

Stuart J. Oberman, Esq.
President & CEO
770-886-2400