L-2 and E-2 Spousal Work Authorization: What You Need to Know
In 2002, Congress updated U.S. immigration laws to allow dependent spouses of L and E visa holders to work legally in the United States. However, the path to employment authorization was far from simple. Spouses were required to apply for Employment Authorization Documents (EADs), a process that was often complicated, expensive, and could take more than a year to complete due to lengthy adjudication times. These delays created significant financial hardship for families, as spouses were unable to contribute to household income during the waiting period.
To address this widespread issue, a major class-action lawsuit—Shergill v. Mayorkas—was filed in the Western District of Washington. In November 2021, the case was settled, resulting in a major policy change. U.S. Citizenship and Immigration Services (USCIS) implemented new rules allowing E-2 and L-2 spouses to receive annotated arrival records (Form I-94) that serve as proof of their employment authorization. Today, E-2 and L-2 spouses are automatically granted work authorization upon entry into the U.S. by Customs and Border Protection (CBP), eliminating the need for a separate, time-consuming EAD application.
What Is an L-2 or E-2 EAD?
The L-2 visa is available to spouses and dependent children (under age 21) of L-1 visa holders so they can lawfully accompany their family member to the United States. It is important to note that parents, grandparents, or other relatives are not eligible for L-2 status. Instead, they may apply for a B-2 visitor visa if they wish to visit.
An Employment Authorization Document (EAD) is an official USCIS-issued card that verifies your legal right to work in the United States. Following the November 2021 changes, many L-2 and E-2 spouses now receive immediate work authorization without having to wait for a separate EAD approval.
Additionally, USCIS extended the validity of work authorization by 180 days in certain cases to help prevent employment gaps while renewal requests are pending.
L-2 EAD Required Documents
To apply for L-2 employment authorization, the following documents and fees are generally required:
- Filing fee: $185 for DS-260
- Copy of the primary L-1 visa holder’s approval notice
- Valid passport copy
- Copy of the spouse’s Form I-94 (proof of lawful entry)
- Copy of your own Form I-94
- Two passport-style photographs
- Copy of Social Security Number (if applicable)
- Proof of marriage (marriage certificate, wedding photos, or similar evidence)
L-2 EAD Process and Processing Time
The DS-160 application can be submitted online or by mail. Since EADs are now automatically recognized through annotated I-94s, applicants are not required to file a separate employment authorization application.
If filing online, you will receive a confirmation page with a barcode that you must bring to your consular interview. If filing by mail, the correct address depends on your state of residence. Always keep copies of all forms and documents submitted.
Currently, there is no standard processing time for the DS-160. Work authorization is generally effective upon admission into the U.S. if the proper I-94 annotations are issued.
USCIS Guidance and Updates
Beginning January 30, 2022, USCIS and CBP started issuing I-94 forms with new Class of Admission (COA) codes for E and L spouses. These include:
- E-1S, E-2S, E-3S, and L-2S
An unexpired I-94 reflecting one of these codes is sufficient proof of work authorization and can be used for Form I-9 employment verification.
In addition, USCIS began sending notices to eligible E and L spouses whose I-94s were issued prior to January 30, 2022. These notices serve as valid evidence of employment authorization.
L-2 Visa Work Permit Validity
The validity of an L-2 EAD is directly tied to the L-1 principal visa holder’s status. Typically, the work permit is valid for two years. However, if the L-1 spouse’s status ends earlier, the L-2 work authorization will expire at the same time.
Spouses should apply for renewal up to four months before expiration to avoid work interruptions.
Mailing Instructions for Applications
- Residents of Eastern and Southern states, including Texas, Florida, New York, and Virginia:
Mail to USCIS, Attn: I-765, 2501 S. State Hwy. 121 Business Suite 400, Lewisville, TX 75067. - Residents of Western and Midwestern states, including California, Illinois, Colorado, and Washington:
Mail to USCIS, Attn: AOS, 1820 E. Skyharbor Circle S, Suite 100, Phoenix, AZ 85034.
Pending EAD Applications
If your EAD renewal is still pending, some employers may not accept the receipt notice as proof of work authorization. To avoid complications, apply for your extension well in advance of your current EAD’s expiration date.
Why Work with Immigration Attorneys at Green Card Link?
Navigating U.S. immigration policies can be challenging, especially with frequent updates and complex filing requirements. At Green Card Link, its immigration attorneys provide skilled guidance to ensure that your L-2 or E-2 work authorization application is properly prepared and filed.
Whether you need help gathering the right documentation, submitting your application to the correct USCIS service center, or understanding your eligibility, the immigration attorneys at Green Card Link are here to assist you every step of the way.
✅ Schedule a consultation today with an immigration attorney at Green Card Link to secure your L-2 or E-2 work authorization with confidence.