CBP Now Issuing Work-Authorized I-94s for L and E Spouses
Time 2 Minute Read

Following the settlement of a US Citizenship and Immigration Services (USCIS) lawsuit that finally recognizes that dependent L and E spouses are able to work lawfully incident to their status, US Customs and Border Protection (CBP) updated its admission system to designate on the I-94 admission records those spouses who are authorized to work without applying for an EAD.  L and E spouses should be admitted with an “S” after their status to indicate that they are spouses authorized to work.  The new I-94s do not explicitly state “work authorized”, but the “S” designation tells employers for I-9 purposes that they are authorized to work for the validity of their I-94s.  When they apply for extensions of their visa status with USCIS, the new I-94s issued as part of the extension approval process also should carry the “S” designation.  Those L and E spouses already in the United States without the S designation on their I-94s still need to apply for EADs to work lawfully, or depart/return with valid visas to obtain new I-94s with the work-authorized designation.  However, some CBP Deferred Inspection offices have been willing to update the system so that the I-94 contains the “S” designation.  Deferred Inspection office contact information can be found here.  Once corrected, the updated I-94s can be printed from the CBP webpage here.  Those L and E spouses entering the United States should review their I-94s to ensure that they contain the “S” designation.  If not, they can contact Deferred Inspection for correction.

Here is a sample I-94 issued on February 2, 2022, showing the L-2S designation.

Sample I-94 Form

Tags: I-94, USCBP
  • Partner

    Ian’s practice focuses on business and family-related immigration matters. As part of the Labor and Employment team, Ian counsels corporate clients on various aspects of immigration and nationality law, including temporary ...


Subscribe Arrow

Recent Posts





Jump to Page