If you’re a Canadian spouse or child of an L-1 visa holder who is working in the United States, you may be eligible to accompany them through the L-2 dependent visa. This visa allows family members to live in the U.S. and, under recent updates, permits spouses to work without a separate Employment Authorization Document (EAD).
In this blog, we’ll walk you through:
- Who qualifies as an L-2 dependent
- The application process for Canadians
- Required documentation
- Work and study rights
What Is the L-2 Visa?
The L-2 visa is a U.S. nonimmigrant visa available to the spouse and unmarried children under 21 of someone who holds an L-1 visa (Intracompany Transferee).
L-2 dependents can:
- Reside in the U.S. for the same duration as the L-1 holder
- Attend school or university
- Spouses can work in the U.S. without an EAD (as of 2022)
Are Canadians Treated Differently?
Yes, Canadian citizens are visa-exempt when entering the U.S. for many visa categories, including L-1 and L-2. This means you do not need to visit a U.S. consulate to get a visa stamp before entering. Instead, you apply for L-2 status directly at a U.S. Port of Entry (POE) or border crossing.
Who Qualifies for the L-2 Visa?
Eligible dependents include:
- Spouses of the L-1 visa holder
- Unmarried children under age 21
Note: Domestic partners, common-law spouses, and fiancés are not eligible for L-2 status.
How to Apply for L-2 Status as a Canadian
Step 1: Prepare Documentation
Before heading to the U.S. port of entry (border or airport), make sure you have:
For Spouses:
- Proof of Canadian citizenship (e.g., passport)
- Original marriage certificate
- Copy of your spouse’s L-1 approval notice (Form I-797) or L-1 visa
- Job confirmation letter or employer support letter for L-1 holder
- Copy of L-1 holder’s passport and most recent I-94 record
- Birth certificates of children (if accompanying)
- Any previous U.S. immigration documents (if applicable)
For Children:
- Original birth certificate showing the L-1 visa holder as a parent
- Passport and any prior U.S. visas
Step 2: Apply at a U.S. Port of Entry
You can apply for L-2 status directly at:
- A U.S. land border crossing
- Pre-clearance facilities at Canadian airports
A CBP officer will review your documents and may issue you an I-94 arrival/departure record indicating L-2 status.
Tip: It’s recommended to travel with your L-1 spouse or have proof that they are already in the U.S.
Do Canadian L-2 Spouses Need an Employment Authorization Document (EAD) to Work?
No. As of 2022, L-2 spouses are authorized to work incident to status, meaning they do not need to apply for an Employment Authorization Document (EAD). Instead, the I-94 record must indicate the code “L2S” (L-2 spouse). This record serves as proof of work eligibility. Children in L-2 status cannot work but may attend school or university.
How Long Is L-2 Status Valid?
L-2 status is typically granted for the same duration as the L-1 holder. If the L-1 visa is extended or renewed, dependents may also extend their L-2 status.
To stay compliant:
- Keep your passport valid
- Monitor your I-94 expiration date
- File timely extensions (Form I-539) if applying from within the U.S.
What Happens If Your Situation Changes?
- Divorce or the L-1 spouse leaving the U.S. may invalidate L-2 status.
- If the L-1 worker changes visa types or adjusts status, L-2 dependents must also change or adjust their status.
Final Thoughts
For Canadian spouses and children of L-1 workers, the L-2 visa is a straightforward way to live, and in many cases, work or study, in the United States. Thanks to visa-exempt privileges and work authorization reforms, the process is faster and more flexible than ever before. It’s important to prepare the correct documentation and understand the limits of your status, consult a U.S. immigration attorney or cross-border immigration specialist.
Schedule a Consultation with an Immigration Lawyer
Citations
- USCIS: L-1 and L-2 Visa Overview
- CBP: How to Access Your I-94 Record
- USCIS Form I-539: Extension/Change of Nonimmigrant Status
We Can Help!
If you have questions regarding the L-2 visa for dependents, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
CHRISTINE JURUSIK is a Partner at Richards and Jurusik and Focuses her practice solely on U.S. Immigration law, with a specialized focus on advising families and individuals on the family-based immigration process and on obtaining U.S. Citizenship. She also handles Canadian Rehabilitation and DUI inadmissibility matters for U.S. Citizens seeking to overcome inadmissibility to Canada. (Full Bio)
