The USCIS previously stated that they will release further guidance that allows spouses (not children) of L and E status holders to work without an EAD card/work permit:
The CBP system changed on January 31, 2022 and CBP is now issuing revised I-94 records at the port of entry that allow spouses of L and E status holders to work immediately.
This means that upon entering the U.S., the CBP will issue an I-94 with “L2S” or “E3S” (or something similar) that allows spouses of L and E status holders to work without an EAD card. The hiccup though is that to begin working, the spouse will have to complete a Form I-9. The Form I-9 instructions are not yet updated with details on this new process. The spouse of L and E status holders will have to contact their employer’s HR department for their process and requirements.
Please note the below:
1. If the spouse is outside of the U.S., they will receive the new I-94 upon entry. The CBP recommends that they carry their marriage certificate.
2. If the spouse is inside the U.S., they will have to depart and reenter the U.S.to obtain the new I-94 admission record that allows them to work without an EAD card.
3. Pending EAD applications will continue to be adjudicated. Once issued, the spouse can use that to work or can choose to depart and return to the U.S. to get work authorization sooner.