Company hiring authority and a family member’s immigration work permission are different matters.
Confirm status before exercising a hiring decision
Qualifying L spouses may work incident to appropriate status with required evidence; children do not receive those spouse rights. A manager’s decision to offer work does not by itself supply the family member’s lawful US authorization.
Prepare two separate timelines: the transferee’s qualifying transfer and the spouse’s employment. The principal still must document a qualifying related organization, twelve continuous months of foreign employment in the prior three years, and a U.S. role that is primarily managerial or executive. A spouse in valid L-2 status is generally employment-authorized incident to status, but should retain the evidence required for employment verification; L-2 children do not share that work authorization. Confirm the spouse’s classification and admission record before a start date or payroll entry is set. Prior L periods should also be counted toward the principal’s seven-year L-1A ceiling. The recurring error is confusing corporate power to issue an offer with immigration permission to accept it.
Hypothetical example: A wood-products sales manager from Saint-Charles-de-Bourget transfers to oversee regional account teams and wants to hire her spouse as a bookkeeper. The company first completes her L-1A evidence without using the spouse’s proposed services as managerial support. After admission, the spouse verifies that the record reflects eligible L-2 spouse status before onboarding. Their child may accompany them if eligible but cannot work through L-2 status. Each person’s activity is therefore matched to that person’s authorization.