I-94 on I797A-Notice of action bottom page with L-2S classification for L1 spouse

[sskumar79]

Hello friends, I heard the L1 spouses are allowed to work without EAD if they have I94 with L-2S classification. But we can get the I94 with the L2S status only when we reenter the country.
My question is, The i797A also has I-94 at the bottom of the page. Does the new(from Jan 2022) L2 approval I797A have the spouse class mentioned? if yes, I understand we don't need to travel and can work with the I-94.

[Sampeter]

Do you have any update on this: Does L-2 spouse may work with L2S status in I-797 A approval notice ? My Spouse is currently on L2 and has expired visa and stamp. We received I-797A approval notice with L2S status. Please advice. Thanks

[Libra_14]

No, you need to have a EAD to be able to work. The new rule only allows to continue working, while waiting for EAD renewal.

That rules doesn't allow anyone to work - who never had EAD.

[santy76]

I am having same case. My wife got her i797a approved but has not gone out to stamp new I-94 .. will I797A be enough to start working ?

[newacct]

I am having same case. My wife got her i797a approved but has not gone out to stamp new I-94 .. will I797A be enough to start working ?

I-797A comes with a new I-94 as part of the page. Does the I-94 say "L2S"?

[santy76]

Yes, she is having I-94 at bottom with L2S

[newacct]

Yes, she is having I-94 at bottom with L2S

So she has an L2S I-94, and can start working with it.

[purni82]

No, you need to have a EAD to be able to work. The new rule only allows to continue working, while waiting for EAD renewal.

That rules doesn't allow anyone to work - who never had EAD.

I have this from my attorney:

As of November 12, 2021, USCIS considers L-2 dependent spouses employment authorized incident to status, meaning these spouses will no longer have to apply for employment authorization prior to working in the United States. The new guidance requires an I-94 which specifically annotates that the person is an L-2 spouse.

Customs and Border Protection (CBP) confirmed that it has issued guidance authorizing ports of entry to begin issuing electronic I-94s with L-2 spousal and dependent annotations to affected foreign nationals as of January 31, 2022.

The new annotations for L’s are:
L2S – L-2 spouse
L2Y – L-2 child

L spouses who are issued a CBP electronic I-94 with the appropriate annotation are authorized to work incident to their status and without the need for an EAD. They may accept employment as soon as they receive the appropriate I-94.

[Libra_14]

I have this from my attorney:

As of November 12, 2021, USCIS considers L-2 dependent spouses employment authorized incident to status, meaning these spouses will no longer have to apply for employment authorization prior to working in the United States. The new guidance requires an I-94 which specifically annotates that the person is an L-2 spouse.

Customs and Border Protection (CBP) confirmed that it has issued guidance authorizing ports of entry to begin issuing electronic I-94s with L-2 spousal and dependent annotations to affected foreign nationals as of January 31, 2022.

The new annotations for L’s are:
L2S – L-2 spouse
L2Y – L-2 child

L spouses who are issued a CBP electronic I-94 with the appropriate annotation are authorized to work incident to their status and without the need for an EAD. They may accept employment as soon as they receive the appropriate I-94.

As newaccount mentioned,
So she has an L2S I-94, and can start working with it.