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

Does a buyer’s promise to retain the spouse establish work authorization?

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THE DIRECT ANSWER

A buyer can promise a job but cannot grant the spouse immigration status. Review the spouse’s actual permission before treating a retention clause as a U.S. start instruction.

Identify what the buyer is retaining and on what date

Read whether the clause preserves an existing position, offers a new role or is contingent on closing. Match the named employer, duties and effective date to the genuine arrangement; do not treat a proposed transaction as completed. A qualifying L spouse may work incident to valid status with appropriate documentation, and an EAD is not universally required. Children in L dependent status lack that work benefit and must be unmarried and under 21 to qualify. Keep the spouse’s relationship and admission evidence beside the offer, and have any effect of the transaction on the principal’s case assessed independently of the buyer’s willingness to retain staff.

Verify the spouse's current documentation and consider any independent employment route, rather than assuming an EAD is always the answer. The first review should list every household member’s relationship, age, classification, validity, intended study, travel, work and business activity.