# Temporary (Nonimmigrant) Workers

Alert : As of Jan. 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) began issuing Forms I-94, Arrival/Departure Record, with the following new class of admission (COA) codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9, Employment Eligibility Verification.

USCIS will mail notices on or about April 1, 2022, to E and L spouses age 21 or over who have an unexpired Form I-94 that USCIS issued before Jan. 30, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as evidence of employment authorization for Form I-9, Employment Eligibility Verification, purposes. If you are an E or L spouse and under 21, or if you have not received your notice by April 30, email E-L-married-U21@uscis.dhs.gov to request a notice.

USCIS will only send notices to qualifying spouses who received a Form I-94 from USCIS. Individuals who received their Form I-94 from CBP at the time of their entry into the United States should visit https://i94.cbp.dhs.gov/I94/#/home.

In order for you to come to the United States lawfully as a nonimmigrant to work temporarily, your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS1.

## Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa, unless exempt.

Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status.  Please see the Form I-539 instructions for further information on filing procedures for this application.

## Federal U.S. Tax Information

Noncitizens employed in the United States may have a U.S. tax obligation. See the  Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information.

## Social Security Number Information

In general, only noncitizens who have permission from DHS to work can apply for a Social Security number.  Find additional information about Foreign Workers and Social Security Numbers  (PDF) on the Social Security Administration website. 

1Only a few nonimmigrant classifications allow you to work in this country without an employer having first filed a petition on your behalf.  Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications. You should refer to the USCIS webpage for your classification to determine whether you must obtain employment authorization before beginning work.

2The H-1C nonimmigrant classification expired on Dec. 20, 2009.

3Certain E and L dependent spouses are considered employment authorized incident to status. As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9, Employment Eligibility Verification. USCIS will send E and L spouses with a Form I-94 issued by USCIS before January 30, 2022 that was notated with E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status and who are employment authorized incident to status a notice regarding the new COA codes that, together with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, serves as evidence of employment authorization under List C of Form I-9. For more information, see this web alert . E and L spouses who are employment authorized incident to status are no longer required to request employment authorization by filingForm I-765, Application for Employment Authorization,with fee, but they may continue to file Form I-765 if they choose to receive an Employment Authorization Document (Form I-766 EAD). 

4 Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

01/11/2022

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