When professionals relocate to the United States on an L-1 visa, they often bring their families. These intracompany transferees may stay in the U.S. for several years, making it essential to understand how their spouses and children are treated under immigration law. For many families, a key concern is whether dependents can legally work during that stay.
L-2 visa status allows certain family members to accompany L-1 visa holders to the United States. This includes spouses and unmarried children under 21. While both groups can live and study in the U.S., only spouses are eligible for work authorization. Recent policy changes have made that process more straightforward, but only when documentation and USCIS guidance are followed closely. Accurate legal support helps ensure that no steps are missed along the way.
Guidance That Goes Beyond Forms: How Pollak PLLC Supports L-1 Families
Pollak PLLC helps L-1 visa families navigate the complex realities of dependent work authorization. Our firm provides detailed guidance tailored to the latest immigration standards and USCIS policy changes.
Direct Involvement From Managing Attorney Karen-Lee Pollak
At Pollak PLLC, every client has access to senior-level legal oversight. Managing Attorney Karen-Lee Pollak brings more than two decades of experience advising global professionals and their families. Her leadership ensures that each dependent’s case is reviewed with long-term planning in mind.
End-to-End Support for Dependent Employment Issues
Our firm assists with the full scope of dependent visa planning. From DS-160 preparation to onboarding with U.S. employers, we support families with Social Security Number (SSN) guidance, visa interview preparation, and questions around dependent visa work permits.
Proactive Tracking of USCIS Policy and Compliance Updates
In 2021, USCIS updated its policies to allow certain L-2 spouses to work incident to status. Pollak PLLC continually monitors these changes. We help you understand whether your documentation qualifies, and how to respond if it does not.
Collaboration With Employers on I-9 Documentation and Onboarding
Work authorization means little if the employer doesn’t know how to confirm it. We work directly with companies to verify I-94 records, explain the meaning of L-2S status, and ensure that Form I-9 documentation is accurate and timely.
Who Qualifies as an L-1 Visa Dependent?
L-1 visa holders may bring qualifying family members to the United States under L-2 status. However, U.S. immigration law limits this eligibility to a specific definition of “dependent.” Understanding who qualifies—and what benefits they can access—is essential for planning your family’s time in the U.S.
Spouse Eligibility and Marital Documentation
Only legally married spouses of L-1 intracompany transferees may receive L-2 visas. This requirement is strictly enforced by USCIS and the Department of State. Applicants must provide an official marriage certificate when filing the DS-160 visa application and again during the visa interview. Unregistered partnerships, civil unions, or relationships that are not legally recognized by the country of origin do not meet the eligibility criteria. In some cases, additional evidence may be required to establish the validity of the marriage, especially if it occurred recently or outside the primary applicant’s home country.
For spouses already in the U.S. who are changing status from another visa type, the same documentation rules apply. Our firm helps ensure all records are properly translated, certified, and matched with consistent details across forms.
Minor Children Under 21
Unmarried children under the age of 21 may also qualify for L-2 status. This category includes biological children, legally adopted children, and stepchildren. In the case of stepchildren, the marriage that created the relationship must have occurred before the child turned 18. The child must also remain unmarried to retain eligibility. Once a dependent reaches age 21, they are no longer considered a qualifying child under immigration law and must change to a different visa, such as F-1 if they plan to study in the U.S.
Our firm regularly advises families on preparing for this transition in advance. If a child approaches the age cutoff while an extension of stay is pending, it can impact their ability to remain lawfully present. Proactive planning helps prevent gaps in status and ensures a smoother continuation of their education or long-term immigration goals.
Differences in Benefits Between L-2 Spouses and Children
L-2 spouses and children are both permitted to reside in the U.S., but they receive very different benefits. L-2 spouses may obtain work authorization either incident to status or by applying for an Employment Authorization Document. Children, on the other hand, are not permitted to work under any circumstances while in L-2Y status.
Children may attend school or university in the United States and participate in educational activities, but they may not earn income, hold internships, or accept paid work unless they first transition to a different visa category. This distinction is critical for families considering long-term stays or higher education plans. If your child intends to remain in the U.S. beyond age 21, Pollak PLLC can help you explore legal options in advance.
Can L-2 Spouses Work in the U.S.?
L-2 spouses can legally work in the United States, but their eligibility depends on how their status is recorded and what documentation they carry. In many cases, L-2 spouses are now eligible to work without applying for an Employment Authorization Document—but only when the correct conditions are met.
When EADs Are No Longer Required
As of a USCIS policy revision introduced in late 2021, L-2 spouses who hold an I-94 showing the L-2S annotation are considered authorized to work incident to status. This means they do not need to file Form I-765 to apply for an EAD. With the L-2S designation, you are immediately eligible to begin working once you enter the country or receive updated documentation from USCIS or Customs and Border Protection.
This change streamlined the process for many families and reduced the waiting period between arrival and the start of employment. However, not every spouse receives this code automatically. It is critical to review your I-94 record carefully and confirm that it meets current USCIS standards.
The Role of I-94 Annotations in Verifying Work Eligibility
The I-94 document is now one of the most important forms for verifying work eligibility. When it contains the correct annotation—specifically the L-2S code—it can be used along with a valid passport to complete the Form I-9 verification process. Most employers are now familiar with this update and will accept these documents in place of a traditional EAD.
That said, not every I-94 is properly notated. Border agents and USCIS officers may occasionally issue an outdated version or fail to use the correct codes. If this happens, spouses must take additional steps to correct the error or apply for an EAD while the issue is resolved.
What to Do if Your I-94 Lacks Employment Authorization
If your I-94 does not include the L-2S code—or if you are unsure whether it qualifies—you should not begin working until your status is verified. In these cases, you will likely need to file Form I-765 with USCIS to request an Employment Authorization Document. This document provides clear, standalone evidence of your eligibility to work and may be used in any employment setting.
Pollak PLLC helps clients evaluate their current documentation, determine if EAD filing is necessary, and prepare a complete and timely application. We also work with employers to explain the process and ensure that no job offer is delayed due to confusion about your work authorization. If your current status is close to expiring, we can also help file for an extension of stay and ensure continuity of work rights throughout the validity period of your visa.
What About Children on L-2 Visas?
Children with L-2 status are not authorized to work under any circumstances. Even part-time or summer employment is prohibited. However, L-2 children may attend public or private school, participate in extracurricular activities, and study in the U.S. without additional permission.
Once a child turns 21, they must either leave the country or switch to a new visa category, such as F-1 for higher education. Our firm helps families plan for these transitions early to avoid any lapse in status.
Common Mistakes That Can Delay or Jeopardize Work Authorization
Even small missteps can lead to work authorization delays or violations. Pollak PLLC works with families to prevent common errors before they become costly problems.
Misinterpreting USCIS Policy Changes
Not all L-2 spouses qualify for automatic work authorization. Some believe they can work without an EAD when their I-94 lacks the L-2S code. We clarify what your documentation allows—and what it does not.
Beginning Work Without Verifying Employment Eligibility
Employers may not understand how to interpret an I-94. If you start working without proper documentation or before receiving an EAD, you could be considered out of status. Our firm ensures both you and your employer are fully informed.
Failing to Maintain Lawful Status While Awaiting Adjustment of Status
If you are applying for a green card, your underlying L-2 status must remain valid while Form I-485 is pending. Letting your visa expire can interrupt work authorization and create legal risk. We help you time every filing to stay compliant.
Conclusion: Consult an L-1 Visa Attorney to Protect Your Family’s Status and Rights
Work authorization for L-2 spouses can be a vital part of your family’s transition to the United States. But eligibility depends on getting the details right—from the I-94 notation to USCIS policies and visa duration.
Pollak PLLC provides high-level legal support for families navigating L-1 and L-2 visa requirements. We help you understand your documentation, avoid costly delays, and secure the work authorization your family needs to thrive. Contact us today to speak with an immigration attorney. We serve clients nationwide from our offices in Dallas and Fort Lauderdale and offer services in English, Spanish, and other languages upon request.
