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NAIRN AND HYMAN · L-1A FIELD GUIDE

Can a spouse run the Canadian company from the United States in L status?

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THE DIRECT ANSWER

A qualifying spouse in appropriate L status may work incident to status with the required evidence, but the actual activity and status records should be checked.

Separate the spouse’s authorization from the founder’s role

Record the spouse’s intended work and admission evidence; an EAD is not universally necessary for a qualifying L spouse. Eligible unmarried children under 21 do not receive the spouse work permission. The spouse’s work plan also does not prove that the principal will primarily perform managerial or executive duties.

Priya's spouse should confirm that any Form I-94 issued reflects the L-2S notation used for employment-authorized spouses, since that notation, not simply the L-2 classification generally, is the evidence an employer will look for under current USCIS guidance. Children admitted as dependants may attend school at any level but may not accept employment, and derivative status ends at twenty-one, which for a family with a teenager is a date to plan around rather than a footnote. Where a spouse intends to work, confirm what documentation an employer will expect to see before a start date is accepted, since the practical obstacle is usually proving the status rather than holding it.