Certain spouses of non-immigrant visa holders are allowed to work in the U.S.
This usually applies to classifications of non-immigrant work- and investment-based visa classifications, such as spouses of H-1B, E-1/E-2, L-1, etc.
In the case of E-Visa and L-Visa classifications, the right to work in the U.S. is incident to the evidence of holding the E- or L-Visa status in the U.S.
There is no need to apply for a separate Employment Authorization Document (“EAD”), also known as a work permit. You MAY of course still apply for and obtain your Work Permit card from USCIS, as additional proof of valid employability in the U.S.
Holders of E- or L-Visa Status, can prove their lawful status by a combination of the following:
- Copy of E-Visa or L-Visa (whichever applies) foil in the passport, AND
- Printout of the online I-94 Arrival Document record from CBP.gov , or
- USCIS Notice of Action I-797 (“Approval Notice”) showing the approved E- or L- Classification.
Your I-94 with the annotation “s” is sufficient for purposes of I-9 eligibility and verification. (E-1S, E-2S, E-3S, and L-2S) USCIS has issued policy guidance on this issue. USCIS and CBP have begun issuing these revised I-94 annotations since January 2022.
Revision: 2023-06-21