The Shergill v. Mayorkas settlement: automatic work authorization
Prior to January 30, 2022, L-2 spouses had to apply for an Employment Authorization Document (EAD) on Form I-765 and wait months before being allowed to work. In November 2021, USCIS agreed to a settlement in Shergill v. Mayorkas that granted L-2 spouses work authorization incident to status — meaning the right to work flows from L-2 status itself, not from a separate document.
USCIS updated Form I-9 guidance to reflect that L-2 spouses presenting a valid I-94 with an L-2 or L-2S designation are work-authorized. For L-2 spouses who already had an approved I-765, their EAD remains valid through its expiration date. For new L-2 arrivals, no EAD application is necessary at all.
What documents does an L-2 spouse show for Form I-9?
For Form I-9, L-2 spouses should present: (1) their unexpired foreign passport, and (2) their current I-94 record showing the L-2 or L-2S designation with a future expiration date. Together, these constitute a List A document combination establishing both identity and employment authorization. The employer enters the L-2 admission class and I-94 expiration in the I-9. Print your current I-94 from the CBP I-94 website (i94.cbp.dhs.gov) — the admission stamp in the passport alone is not sufficient.
L-2 children: not work-authorized
L-2 dependent children under 21 are admitted to accompany the L-1 primary, but they are not work-authorized incident to status. An L-2 child who wants to work must independently obtain a different work-authorized visa status (such as an F-1 with OPT, or change to H-1B if eligible). L-2 children may attend school full-time in the US without restriction.
What if my L-2 status is expiring? Renewals and extensions
L-2 status is tied to the primary L-1 holder's status. When the L-1 holder's status is extended, the L-2 spouse's status extends too, either through a joint petition or a separate I-539 application. The work authorization automatically covers the new period shown on the new I-94. If the L-1 holder's status lapses, the L-2 spouse's work authorization also lapses — monitor the primary's I-94 expiration carefully.
Related Questions
Do I still need to apply for an EAD as an L-2 spouse?
No. Since January 30, 2022, L-2 spouses are automatically work-authorized. You do not need to file Form I-765 or wait for an EAD card unless you prefer an EAD as a standalone work-authorization document (some employers' HR systems still expect one — in that case you may still apply, but it is not required).
Can an L-2 spouse start their own business in the US?
Yes. L-2 work authorization is open-ended — there is no restriction on the type of employment or self-employment. L-2 spouses may work for any employer, freelance, or form their own company.
Is an L-2 spouse authorized to work in every US state?
Yes. L-2 status is federal; work authorization applies across all 50 states and territories.
What happens to my L-2 work authorization if my spouse (the L-1 holder) is laid off?
If the L-1 holder's employment ends, their L-1 status lapses. This triggers a grace period of 60 days (or the remainder of the authorized status, whichever is shorter). During this grace period both the L-1 holder and L-2 spouse may remain in the US, but work authorization for the L-2 spouse technically lapses when the L-1 status is no longer in good standing.
Can I change my L-2 status to H-1B or another work visa?
Yes. L-2 holders may change status to any eligible nonimmigrant category, such as H-1B (subject to the annual lottery), O-1, or E-3, provided they meet the requirements of the new category.
Official Sources
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.