The USCIS has updated their policy manual on behalf of E-1, E-2, and E-3 derivatives, as well as spouses of L1A and L1B visas. To refresh, these are two specialty non-immigrant visas. The E visa category refers to professionals who have come to the United States as investors or Treaty traders. The L visa category refers U.S. employers transferring an employee with specialized knowledge relating to the organization from one of its affiliated foreign offices to work in the United States for a limited time period.
One of the main benefits of these two types of visas is that spouses of these visa holders are automatically eligible for working authorization in the United States, but still need to submit an I-765 application. In a recent memo released by the USCIS, the agency noted that the Department of Homeland Security (DHS) added a new class of admission to distinguish between E and L spouses and children.
The USCIS also notes that in order to qualify as a spouse of one of these principal visa types, the following information is needed by the agency:
1. You should have an existing I-94 record that was issued by CBP when you came to the United States to serve as your Entry/Exit Record.
2. You should have an approved I-539 form on file with the USCIS that serves as evidence of your spousal status in the U.S.
If you are having questions about whether you are eligible for working authorization, the USCIS recommends that you contact the following correspondent at the provided email address: E-L-married-U21@uscis.dhs.gov to request a notice.
For those who have not yet completed the I-539 Application to Extend/Change Non-immigrant status, there is still a $370 filing fee for this application, plus an $85 Biometrics fee if one is needed.
For the full USCIS memo, please see the following link: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-employment-authorization-for-e-and-l-nonimmigrant-spouses
