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RURAL MUNICIPALITY OF ST. ANDREWS · L-1B FIELD GUIDE

Must the spouse prove specialized knowledge to work as an eligible L spouse?

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THE DIRECT ANSWER

Derivative spouse permission and an independent L-1B principal case are different bases. Qualifying L spouses may be employment-authorized incident to status with appropriate evidence.

Identify which basis the spouse would use

An EAD is not universally required for qualifying L spouses. Children do not receive employment permission solely through dependent status; assess each actual plan separately.

The one continuous year of qualifying employment abroad within the preceding three years, and the qualifying relationship between the organizations, must be established with the same kind of documentation any other L-1B case would need, regardless of the business's size or family ownership. Treat the difference in maximum period as a planning input rather than a technicality, since specialized-knowledge classification is usually limited to five years and managerial classification to seven. Unmarried children under twenty-one may live in the United States and attend school or college, but they have no work authorization and lose dependant status at twenty-one. Where a spouse intends to work, ask for that to be assessed on its own facts early, since assuming the principal case delivers it can leave a household without income for months.