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WOOLWICH · L-1B FIELD GUIDE

Do L-1B family rules differ for a family-owned business?

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THE DIRECT ANSWER

No. Eligible dependents generally use L-2 status with the same rules regardless of whether the petitioning company is family-owned. A qualifying L-2 spouse is employment-authorized incident to status; L-2 children are not.

Review dependents on their individual facts

Confirm the relationship, citizenship, and planned activity for each dependent, independent of their relationship to the business itself. The dependent framework generally covers a spouse and unmarried children under 21; each person must obtain and maintain the appropriate status.

For a household where both adults earn, the L-2 spouse rule often outweighs other considerations, because the spouse may take employment without waiting for a separate authorization document and without being tied to the principal's employer. Check the spouse’s actual classification and dates, including the relevant spouse-designated I-94 evidence; the principal’s petition approval is not the spouse’s status record. Agree what happens if the spouse's search runs longer than expected, and revisit the plan if the principal's employer, role or worksite changes, since the spouse's authorization ultimately rests on that status continuing. Derivative status ends at twenty-one, and where the assignment is expected to run the full five years, any child aged seventeen or older at the start will need an independent basis before it finishes.