Kevin M
Feb 26, 2022
L2 as work-authorized - No EAD needed
On January 31st, CBP implemented the annotation of L-2S in I94 of L spouse to people entering the US. This makes an L spouse automatically work-authorized and doesn’t need EAD to work. Do anyone with recent L2 approval from USCIS got this annotation in your I94?
#EAD #L2S
EB3-1
Professional (bachelor's degree)
Total Days: 1254 days
Case
2021-12-09
Today
I-129
90 Days
I-485
883 Days
California Service Center: I-129
National Benefits Center: I-485
Timeline Map
2021-12-09
I-129
Submission to USCIS
2022-03-09
I-129
D+90
Decision (Approval or Denial)
2022-12-15
I-485
D+371
Priority Date
2022-12-15
I-485
D+371
Submission to USCIS
2023-01-09
I-485
D+396
Biometrics, i.e. fingerprint and photo
2023-03-27
I-485
D+473
Request for Evidence(RFE) from USCIS
This timeline was created with the Lawfully App. Download the Lawfully App now.
ADVERTISEMENT
Sa BeFeb 27, 2022
I did and I went to Canada to get it. They will update this also for people who are already in the States but we don’t know when. And my EAD expired on 02/22 so didn’t have the time to wait. So went with our newborn to Canada for two nights (make sure it’s a 24h trip to make it last long enough) and they updated it. Also got approval from work that it’s sufficient. I work for a big Swiss bank so they are super strict with this kind of stuff. Let me know if you have questions.
Kevin MFeb 28, 2022
Both great news! Thanks @Sa Be and @sapna.
nitin tMar 3, 2022
@ Sa Be … I am trying to explore the mexico border as I am in LA … do you think at mexico border they will do update to L2S … what papers you have to take for canda border
Sa BeMar 3, 2022
They should be. I basically had a 38 page document with cover letter from our lawyers with me (which they didn’t want to see though). From visa information (copy of my husbands L1) to infos about the L2S updates to marriage certificates. Only thing our lawyers did advice me on: the trip needs to be long enough so at least 24h to be considered substantial. But it was no issue was all. Also the guys in Canada already knew…
nitin tMar 3, 2022
thanks so much @Sa Be …
nitin tMar 6, 2022
it seems annotation was not required… there is a new update from uscis customer care to one of the applicants that with valid L2 they are authorized to work anytime
Sa BeMar 7, 2022
@Nitin: You sure? last update in February required you to have the L2-S annotation (our daughter wouldn’t be able to work as she has only L2 and would get LS-Y once she reenters). I am pretty sure the annotation is the requirement, otherwise they could have implemented the change back in November when the settlement agreement was decided.
nitin tMar 7, 2022
I am not sure … I just saw a post in Reddit … it’s difficult to believe everything online
Sa BeMar 7, 2022
Yes, I totally get that. I am pretty damn sure you need it to say L2-S. Like putting my hand into fire sure. Otherwise there would have been no need at all for CBP to implement the new status. I feel you also only get half of the story online. Because yes, you „only“ need a valid L2 visa to work as a spouse. Nevertheless it needs to be reflected correctly in your i94 as L2-S so that it serves for the employee to varify that you are eligible. I did confirm with my always and my work (and would make sure you do the same - like in do even double check what I say).
Thabata A.Apr 13, 2022
my i94 did not have the S for the L2 as it was extended before the new rule (in Sep). My EAD expired in Dec and now they sent me a notice informing that only with this notice + I94 I will be able to fill the I9 and work.
Anyone with the same case to confirm if companies are accepting it or aware about the new process?
Sa BeApr 14, 2022
who send you the notice? That’s important to answer your question.
If you want to know if companies are accepting L2S - yes they do!
Sa BeApr 14, 2022
Mine wasn’t aware however I was most likely they first one on February 14th. they had to check with legal (I work for a big bank with 75k+ employees globally) and got the ok.
Sa BeApr 14, 2022
„Yes, I received a reply from legal and they have confirmed that the documentation you provided is sufficient to complete the I-9 reverification. I have updated this information to your profile.“ - email reply from HR to me after I send in my updated i94 with L2S status.
Sa BeApr 14, 2022
you will however most likely need to exit and renter the country. cost me a whooping 1500 usd to go to Canada for two nights to not loose my job.
Thabata A.Apr 14, 2022
USCIS sent me the notice. why the need to leave US if the I94 is valid? (also work for a big bank).
Sa BeApr 14, 2022
Because that’s the only way right now to get it updated from L2 to L2S (if yours was last updated in September it still says L2 and not the new status and with the new ruling only the L2 spouse (L2S) is allowed to work.
they will also update the i94s for people already in the US however that will take some time.
Sa BeApr 14, 2022
But if USCIS send you a notice stating that you have L2S status it might be enough. As mentioned I got mine updated on Valentine’s Day, two weeks after the implemented the new status. But for me time was running out so I couldn’t wait for anything else so leaving and returning was what was advices by USCIS at this point.
Sa BeApr 14, 2022
And yes, i94 was valid before as well, however now valid enough for work purposes.
Thabata A.Apr 14, 2022
Sa Be they start to send notice on Apr 01st to all L2 with old I94 (without S). reason I got my notice.
all details in this link and also an email in case someone do not receive a letter until apr 30th.
https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-employment-authorization-for-e-and-l-nonimmigrant-spouses
Sa BeApr 15, 2022
But then you got your answer. The official notice is what you need if you can’t get your status updated. So instead of retroactively changing it, they are sending out these. Also explains why I didn’t get a letter, as my i94 was updated through traveling.
