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APPLICATION ANSWERS · L-1B FIELD GUIDE

Are L-1B family work rules different from L-1A family rules for an Ottawa household?

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THE DIRECT ANSWER

Eligible dependents generally use L-2 status in either case. A qualifying L spouse is employment-authorized incident to status, while children do not gain employment authorization solely through L-2 status.

Review the household without changing the principal category

The applicant's principal route should follow the actual proposed role, not a belief that choosing a different L category changes spouse permissions. Record each family member's intended work or study and the relevant age and status dates, and verify the spouse's current status documentation rather than assuming one universal rule applies to every household. Dependent eligibility generally concerns a spouse and unmarried children under 21. Children do not receive the qualifying L spouse’s work permission; verify the spouse’s own status evidence before U.S. employment.

Keep the principal classification tied to the actual specialized-knowledge assignment; family work preferences do not convert L-1B into L-1A. For either classification, qualifying spouses and unmarried children under 21 can seek L-2 status. L-2 spouses are employment-authorized incident to status, but children are not authorized to work merely because they hold L-2. Verify every person’s admission record and planned activity. Also chart the principal’s accumulated L time because L-1B has a general five-year maximum, subject to regulatory exceptions and recapture rules. A usual error is assuming the spouse needs a different principal category or that a dependent child shares spousal employment permission.

Hypothetical example: an Ottawa water-treatment equipment specialist transfers to teach an American affiliate the company’s membrane-maintenance procedure. Their spouse plans salaried journalism, while a seventeen-year-old wants a summer retail job. After admission, the spouse should confirm evidence of qualifying L-2 spousal status before starting work. The teenager needs independent DHS authorization and cannot rely on L-2 alone. The household should track the specialist’s prior L periods alongside school and employment dates.