Work Authorization for Spouses of Nonimmigrant Visa Holders
Overview for Employers and Nonimmigrant Families
Certain spouses of nonimmigrant visa holders may be eligible to work lawfully in the United States, depending on their spouse’s visa classification. This employment benefit generally applies to spouses of individuals in employment- and investment-based nonimmigrant categories, including:
- H-1B – Specialty Occupations
- E-1 / E-2 / E-3 – Treaty Traders, Investors, and Australian Professionals
- L-1 – Intra-Company Transferees
Work Authorization for E and L Visa Spouses
Spouses of E and L visa holders are authorized to work in the United States as an incident of their status. This means they are not required to apply for a separate Employment Authorization Document (EAD) in order to engage in lawful employment.
However, these individuals may choose to apply for an EAD through USCIS. While not necessary for legal work authorization, an EAD card can provide helpful supplemental documentation, especially in cases where employers or institutions are unfamiliar with the “incident of status” rule.
Establishing Work Authorization (Form I-9 Compliance)
To complete Form I-9 (Employment Eligibility Verification), E and L spouses may present the following documentation to establish their identity and employment authorization:
- A valid E or L visa foil in the passport;
- A Form I-94 Arrival/Departure Record, available through CBP.gov;
- A USCIS Form I-797 Approval Notice confirming the spouse’s E or L classification.
As of January 2022, USCIS and CBP began issuing annotated I-94 records that specifically indicate work authorization. If the I-94 includes a suffix such as:
- E-1S, E-2S, E-3S, or
- L-2S
…then it is sufficient evidence of work eligibility for Form I-9 purposes, even in the absence of an EAD.
Policy Guidance and Employer Compliance
This policy is based on formal USCIS guidance and is designed to streamline the employment eligibility verification process for both employers and qualifying spouses. Employers should familiarize themselves with this annotation system to avoid unnecessary delays or misclassification during onboarding.
Revision: March 2025.