Does my spouse’s ownership change L-2 eligibility?

L-2 eligibility follows the qualifying family relationship and the principal’s status, not a spouse’s shareholding. An eligible spouse may work incident to qualifying L-2 status, with appropriate evidence such as an L-2S I-94.

Separate shareholder and worker roles

If both spouses own the companies, include accurate ownership information in the corporate file. If the spouse will work, document actual responsibilities and the timing of authorization. A dependent child’s ownership interest would not permit work in L-2 status; unmarried children under 21 may qualify as dependents but cannot work under that classification.

Family participation does not remove the principal’s managerial burden. Keep shareholding and employment as separate facts about each person. A spouse who holds shares in the business is an owner, and ownership neither establishes nor prevents anything about their immigration position; a spouse's eligibility for dependent status flows from the relationship to the principal and the principal's status.

Where a spouse also works in the company, document that employment properly — duties, terms, remuneration and qualifications — as would be done for anyone else, and keep it distinct from the shareholding. Any work authorization available to a spouse depends on holding and maintaining valid dependent status, and it ends when that status does. Children may hold dependent status while unmarried and under 21 and cannot work in it, so a family business plan should not assume their labour is available.