How L2 Spouses’ Work Rights Drive Preference for L1 Over H1B Visas

As of July 21, 2025, a major update has changed the way spouses of L1 visa holders—those on L2 visas—can work in the United States 🇺🇸. This update has made the L1/L2 visa route much more attractive for families and employers compared to the H1B/H-4 path. Here’s a clear summary of what’s changed, who is affected, what actions are needed, and what these changes mean for families, employers, and pending applications.

Summary of What Changed

The most important change is that L2 visa holders (spouses of L1 visa holders) are now automatically allowed to work in the United States 🇺🇸 as soon as they arrive, as long as their I-94 record shows the correct L2S status. They do not need to apply for a separate Employment Authorization Document (EAD) before starting a job. This rule, first put in place by USCIS in November 2021 and clarified in 2022, uses new codes on the I-94 record (like L2S) to show work authorization. Employers can use this I-94 with the L2S code to complete the required I-9 employment verification.

Who Is Affected

• L2 Visa Holders: Spouses of L1 visa holders who are in the United States 🇺🇸 on L2 status.
• Employers: Companies hiring L2 spouses can now do so more quickly and with less paperwork.
• L1 Visa Holders and Their Families: Families considering a move to the United States 🇺🇸 on an L1 visa now have a clear advantage if both spouses want to work.
• Pending Applicants: Anyone currently waiting for an EAD as an L2 spouse benefits from automatic extensions and may not need to wait for the card to start working.

Effective Dates

• The automatic work authorization for L2 spouses has been in effect since November 2021.
• The clarification using the L2S code on I-94 records began in 2022.
• As of July 21, 2025, these rules remain in place with no announced changes.

Required Actions

For L2 spouses and their families, here’s what you need to do:

1. Check Your I-94: When you enter the United States 🇺🇸, make sure the Customs and Border Protection (CBP) officer marks your I-94 with the L2S code. This code is proof that you can work.
2. Show Your Documents to Employers: To start a job, show your I-94 with the L2S code and a valid ID (like a driver’s license) to your employer. This is enough for the employer to complete the I-9 form, which is required for all workers in the United States 🇺🇸.
3. Optional EAD Application: You can still apply for an EAD (using Form I-765), but you do not need it to work. Some people choose to get an EAD for extra documentation or for jobs that ask for it.
4. Keep L1 Status Valid: Your right to work as an L2 spouse depends on your spouse (the L1 visa holder) keeping their status valid. If their L1 status ends, your work authorization ends too.
5. EAD Renewal Extensions: If you already have an EAD and are waiting for a renewal, your work authorization is automatically extended for up to 540 days while your renewal is processed.

Implications for Pending Applications

If you are an L2 spouse who has already applied for an EAD and are waiting for approval, you do not have to wait to start working. As long as your I-94 shows the L2S code, you can begin working right away. If you are renewing an EAD, the 540-day automatic extension means you can keep working while USCIS processes your renewal.

Background and Historical Context

Before November 2021, L2 spouses had to apply for an EAD and wait for approval before they could work. This process often took months, causing stress and financial problems for families. Many spouses lost job offers or had to stop working while waiting for their EAD. The 2021 policy change, which allowed automatic work authorization “incident to status,” was a big step forward. It made the United States 🇺🇸 more welcoming to families and helped companies attract global talent.

How the Policy Works Now

• Automatic Work Authorization: L2 spouses can work as soon as they arrive in the United States 🇺🇸, as long as their I-94 shows L2S status.
• No EAD Needed: The I-94 with the L2S code is enough proof for employers. An EAD is optional.
• Automatic Extensions: If you already have an EAD and are renewing it, your work authorization is automatically extended for up to 540 days.
• Status Dependency: Your right to work depends on your spouse’s L1 status. If their L1 status ends, your work authorization ends too.

Practical Implications for Families

• Financial Stability: Both spouses can work, which helps families earn more and feel more secure.
• Career Continuity: L2 spouses can keep their careers going without long waits or job gaps.
• Family Unity: The L1/L2 visa combination lets families move together and settle in the United States 🇺🇸 with fewer problems.
• Renewal Security: The 540-day extension for EAD renewals means less worry about losing your job because of slow paperwork.

Practical Implications for Employers

• Easier Hiring: Employers can hire L2 spouses more quickly, using the I-94 with the L2S code for work authorization.
• Attracting Talent: Companies can use the L1/L2 visa package to attract top workers from around the world, especially those with working spouses.
• Compliance: Employers must make sure the L1 visa holder keeps their status valid, since the L2 spouse’s work rights depend on it.

Comparison: L1/L2 vs. H1B/H-4 Spousal Work Rights

The L1/L2 visa path is now much more attractive for families where both spouses want to work. Here’s why:

• L2 Spouses: Get automatic work authorization with the L2S code on their I-94. No EAD is needed, though it’s optional.
• H-4 Spouses (of H1B holders): Must apply for an EAD using Form I-765 and wait for approval before starting work. Processing delays can cause long gaps in employment.
• Policy Stability: L2 work authorization is more stable and immediate. H-4 EADs are more likely to change with new government policies, making them less reliable.

Step-by-Step Process for L2 Spouse Employment

1. Enter the United States 🇺🇸 on L2 Status: Make sure the CBP officer marks your I-94 with the L2S code.
2. Check Your I-94: Go online and download your I-94 record. Confirm it says L2S under “Class of Admission.”
3. Start Working: Show your I-94 with the L2S code and a valid ID to your employer for I-9 verification.
4. Optional: Apply for an EAD: If you want an EAD for extra documentation, file Form I-765. This is not required to work.
5. Keep L1 Status Valid: Make sure your spouse’s L1 status stays valid. If it ends, your work authorization ends too.
6. Renewal: If you already have an EAD and are renewing it, you get an automatic 540-day extension while waiting for approval.

Expert Analysis and Stakeholder Perspectives

Immigration attorneys and advocates agree that automatic work authorization for L2 spouses is a key reason why more families choose the L1 visa over the H1B. The old EAD wait was a major problem, causing lost jobs and stress. Now, with the L2S code, L2 spouses can work right away, making the move to the United States 🇺🇸 much smoother.

Employers and global mobility experts also see the L1/L2 package as a “family mobility” solution. It’s especially popular with dual-career couples who want to keep both spouses working. This makes the United States 🇺🇸 more attractive compared to countries with stricter rules for spouses.

Policy analysts point out that while both L2 and H-4 spouses can get a 540-day extension for EAD renewals, the big difference is that L2 spouses don’t need an EAD to start working. This gives L1 families a clear advantage. Some experts suggest that giving all visa-holder spouses automatic work rights would make the system fairer and reduce paperwork.

Future Outlook and Anticipated Developments

As of July 2025, there are no plans to change or take away automatic work authorization for L2 spouses. The policy is stable, and USCIS is working to make processes even faster, especially for those who still want to apply for an EAD. Advocacy groups are pushing for similar rights for H-4 spouses, but no new laws or rules are expected soon.

Potential Risks

The main risk is that L2 work authorization depends on the L1 holder’s status. If the L1 holder loses their job or their visa is revoked, the L2 spouse’s right to work ends immediately. Families should plan carefully and have backup options in case of unexpected changes.

Long-Term Implications

The L1/L2 visa combination is likely to stay popular with multinational companies and their workers because it supports families and offers stable work rights for spouses. However, future immigration reforms could change the rules, especially if the government decides to expand or limit work rights for H-4 spouses.

Official Resources and Where to Get Help

• USCIS Policy Manual: Volume 10, Part B, Chapter 2: Official guidance on L2 spouse work authorization.
• USCIS I-9 Central: Instructions for employers on verifying work authorization for L2 spouses.
• Form I-765 (EAD Application): For those who want to apply for an EAD, though it’s not required for L2 spouses.
• USCIS Contact Center: For case-specific questions, call 1-800-375-5283 or visit the USCIS website.

Key Takeaways and Immediate Next Steps

• L2 spouses can work right away with the L2S code on their I-94.
• No need to wait for an EAD, though you can still apply for one if you want.
• Employers can hire L2 spouses quickly using the I-94 for work authorization.
• Keep the L1 principal’s status valid to maintain work rights.
• If you’re waiting for an EAD renewal, you get a 540-day automatic extension.

As reported by VisaVerge.com, these changes have made the L1/L2 visa route the preferred choice for many families and employers, especially when both spouses want to work in the United States 🇺🇸. For the most up-to-date information, always check the official USCIS Policy Manual and consult with an immigration attorney if you have specific questions about your case.

By understanding these updates and taking the right steps, L2 spouses and their families can enjoy greater stability, more career options, and a smoother transition to life in the United States 🇺🇸. Employers also benefit from easier hiring and a stronger position in the global talent market. The L1/L2 visa path stands out as a family-friendly and reliable option for those seeking new opportunities in the United States 🇺🇸.

Learn Today

L2 Visa → A dependent visa for spouses of L1 visa holders allowing stay and work rights in the US.
I-94 Record → An official document showing a nonimmigrant’s arrival and authorized stay status in the United States.
Employment Authorization Document (EAD) → A permit allowing noncitizens to legally work in the United States.
L2S Code → A specific I-94 admission code indicating automatic work authorization for L2 visa spouses.
Form I-9 → A US government form used by employers to verify identity and employment authorization of employees.

This Article in a Nutshell

L2 visa spouses now enjoy automatic work rights upon arrival in the US with an I-94 L2S code. No Employment Authorization Document is required. This streamlines hiring, benefits families financially, and offers employers quicker access to global talent under stable, clear visa rules effective since 2021.
— By VisaVerge.com