Skip to content
OSHAWA · L-1A FIELD GUIDE

Can business inactivity affect my L-2 spouse’s work authorization?

Sources checked:

THE DIRECT ANSWER

It can affect the principal’s L-1 basis if the qualifying business or employment requirements are no longer met, which can in turn affect dependent status. A spouse’s L-2 employment authorization is not independent of qualifying status.

Review a slowdown on its actual facts

A change in revenue is not automatically a status conclusion; provide counsel with what operations continue and what changed. Eligible spouses should maintain appropriate status and employment documentation. L-2 children may attend school but cannot work and must remain unmarried and under 21.

Discuss a proposed shutdown promptly rather than assuming that an unexpired document answers every consequence. Treat a business slowdown as an event requiring review rather than a phase to wait out. A change in revenue is not itself a status conclusion, and the position depends on what operations continue and what actually changed, so give counsel those facts while the situation is still developing.

Dependent status derives from the principal qualifying status, so a spouse work authorization is not independent of it and an unexpired document does not answer every consequence. Eligible spouses should maintain appropriate status and employment documentation. L-2 children may attend school but cannot work and must remain unmarried and under 21.

Raise any proposed shutdown promptly rather than after it happens.