Effective January 31, 2022, Customs and Border Protection (CBP) has implemented new Codes of Admission for spouses and children of L and E visa holders. The new codes are:
|E-1S – Spouse of E-1||E-3S – Spouse of E-3|
|E-1Y – Child of E-1||E-3Y – Child of E-3|
|E-2S – Spouse of E-2||L-2S – Spouse of L-1A or B|
|E-2Y – Child of E-2||L-2Y – Child of L-1A or B|
CBP stated that spouses who entered the United States before January 31, 2022 must depart and reenter to receive the new designation. It is recommended that E and L spouses travel with proof of marriage to assure that the correct status is issued.
This policy change follows a November 12, 2021 USCIS Policy Alert and new policy guidance clarifying that E and L dependent spouses will be considered work authorized incident to nonimmigrant status. USCIS indicated that CBP would take steps to modify Forms I-94 to distinguish E and L dependent spouses from E and L dependent children for work-authorization purposes. CBP’s new admission codes announced on January 31, 2022 implement this policy change.