Hello. This is Matsui of IMS. This is the first Golden Week in three years with no restrictions on activities, although we continue wearing masks. I am surprised at how crowded the trains heading for nearby holiday destinations are, but I am glad to see signs that things are getting better.
Today, I would like to discuss a major development that occurred between the end of last year and this spring regarding employment permits for family members of those dispatched to the United States. The majority of visas granted to people posted to the U.S. are the E or L visa, and the following visa categories are granted to family members accompanying holders of these visas.
- Family members of E-1 (Treaty Trader) visa holders ⇒ E-1 visa
- Family members of E-2 (Treaty Investor) visa holders ⇒ E-2 visa
- Family members of L-1 visa ⇒ L-2 visa
The F visa and J visa are similar to the L visa, as accompanying family members are granted F-2 or J-2 visas, but for some reason, the visa category of E visa is exactly the same for both the principal visa holder and their family members. First, keep in mind what visa category the accompanying family member falls under.
New I-94 Information
Up until recently, spouses on E or L visas who wished to work in the U.S., even part-time, were required to apply for and obtain an Employment Authorization Document (EAD) in addition to their visas. In addition to the $410 application fee, the examination period can take up to six months or more, so there have been cases in the past where applicants for EADs have lost their chance to take their employment offer.
On November 12, 2021, USCIS (U.S. Citizenship and Immigration Services) and CBP (U.S. Customs and Border Protection) reached an agreement to settle a certain lawsuit. Under the terms of the settlement, the spouse of an E or L visa holder will be considered to be authorized to work as long as they possess valid E or L nonimmigrant status. However, as before, children accompanying E or L visa holders are not permitted to work, so there was a long wait for a system to distinguish between spouses and children to be created. On January 30, 2022, the USCIS and CBP finally began gradually issuing the I-94 (immigration record information) using a new format that distinguishes the spouse and children. The new I-94 will include the following information:
- Spouse: E-1S, E-2S, L-2S
- Children: E-1Y, E-2Y, L-2Y
This allows spouses to work in accordance to the I-94 without having to obtain an EAD, as long as the S is attached to their status, which distinguishes people from accompanying children. As of March, the system was already in place at hub airports, and some of our customers obtained I-94s with S. However, there were cases where L-2 holders were issued I-94s with the S attached, but E-2 holders did not have the S attached.
Since the I-94 record is rewritten upon entry into the U.S., there may have been some who had to leave the U.S. once and then return to the U.S. to obtain the S. However, not all airports issued I-94s with the S attached, and there was no information available as to which airports would provide such I-94s.
Moving Forward
USCIS has announced that if you have a valid I-94 issued before January 30, 2022, USCIS will mail you a notice after April 1. They have clarified that a notice and a valid I-94 will be enough to prove employment eligibility. The spouse of an E or L visa holder will still be able to apply for and obtain an EAD at the request of the company or other entity.
This is good news for families stationed in the U.S. for work. However, please make sure that you are in the S category on the I-94 before you start working. Also, for the time being, if you are a spouse of a visa holder, we recommend that you have a copy of your family register (and its English translation) and marriage certificate with you when you enter the U.S., in order to avoid any potential complications.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
