The ability of the spouses of E, L-1, and H-1B foreign nationals to work in the US varies based on their dependent status.
On January 31, 2022, Customs and Border Protection (CBP) began adding an “S” designation on I-94s issued to dependent spouses of E and L-1 foreign nationals when they entered the US (e.g., L-2S or E-2S). In addition, when the status of an E or L dependent spouse is extended through US Citizenship and Immigration Services (USCIS), the dependent spouse is issued an updated I-94 with the “S” designation. Accordingly, spouses with an I-94 designation of E-1S, E-2S, E-3S, or L-2S have work authorization incident to status.
An H-4 spouse of a foreign national in H-1B status is not authorized to work in the US unless the H-1B holder is the beneficiary of an approved I-140 Immigrant Petition or has been granted an H-1B extension under AC21, and USCIS has accordingly issued the H-4 spouse an Employment Authorization Document (EAD).