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COLWOOD · L-1B FIELD GUIDE

Can my spouse help with the revised-system rollout while our family application is pending?

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THE DIRECT ANSWER

A pending application alone does not authorize the spouse’s US work.

Check the actual status and activity

Qualifying L spouse status may carry employment permission with appropriate evidence. Familiarity with the system, shared travel or unpaid assistance does not independently settle the work-authorization question.

Record the accompanying family members' citizenship, relationship evidence, and intended work or study plans as with any other L-1B case, independent of how personally connected the assignment happens to be. Derivative L-2 status is available to a legally recognised spouse and to unmarried children under twenty-one; a common-law or domestic partner does not qualify, whatever their standing under provincial law. Keep the spouse's work plan separate from the principal's L-1B proof: one continuous foreign year in the preceding three, an active qualifying related organization, and specialized company knowledge. Dependants derive their position from the principal actually holding L status, so the order runs one way: establish the principal’s position, then assess each relative on their own relationship, age and intended activity. Children under 21 hold L-2 derivative status, may enrol in school and have no work authorization; a child reaching 21 during the assignment needs an independent basis to stay, which should be planned before departure rather than after the birthday. Eligible spouses and unmarried children under twenty-one may seek dependent classification, and a spouse in valid dependent status is authorised to work incident to that status; have any spouse's plan assessed on its own facts.