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SAINTE-ANNE-DE-LA-PÉRADE · L-1A FIELD GUIDE

Can the spouse of a Sainte-Anne-de-la-Pérade L-1A transferee work for the U.S. subsidiary?

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THE DIRECT ANSWER

Yes. An L-2 spouse is employment-authorized incident to status and may work for any employer, including the family's subsidiary. L-2 children may study but may not work, and the whole family's status ends with the principal's.

The spouse's authorization is real, the children's is not

Since USCIS confirmed that L-2 spouses are employment-authorized incident to status, a spouse admitted in L-2 status with the correct annotation on the I-94 may start work without applying for a separate employment document. The spouse could therefore handle the subsidiary's bookkeeping, dispatch or estimating, and be paid, provided the spouse's status is valid and unexpired. The family's teenagers hold L-2 status too, and may attend school, but cannot take a summer job on the crews or anywhere else.

Two limits should be written into the household plan: the spouse's authorization lasts only as long as the principal's L-1A status, which is capped at seven years in total, and if the couple divorces the L-2 status ends. If the spouse also holds a qualifying role in the Canadian company, an independent L-1 can be assessed, but it is not needed merely to work.