Using an I-94 as Proof of L-2 Spouse Work Authorization

Attorney Answer

She does not need an EAD, and applying for one "to be safe" buys nothing. An unexpired Form I-94 showing class of admission "L-2S" is by itself acceptable proof of work authorization — the EAD would cost money and months and would not add a single right she does not already have.

The reason is where the authorization comes from. Under INA § 214(c)(2)(E), 8 U.S.C. § 1184(c)(2)(E), the spouse of a principal admitted in L status who is accompanying or following to join is authorized to engage in employment in the United States. That authorization is granted by statute as an incident of her status. It is not something USCIS confers by issuing a card, and it is not tied to a particular employer — which is why contracting work is within it as much as payroll work.

On the document question she actually asked: since January 30, 2022, USCIS treats an unexpired Form I-94 annotated with class of admission "L-2S" as acceptable evidence of employment authorization for Form I-9 purposes, as a List C document, with no separate Employment Authorization Document required. There is exactly one wrinkle worth checking. If her I-94 was issued before January 30, 2022 and shows only "L-2" without the "S," that older I-94 needs the accompanying USCIS notice presented together with it. So the first thing to do is look at the actual card, not at the visa.

What an EAD would add is convenience, not legal standing. An EAD is a List A document, meaning it establishes identity and employment authorization together in one card, which some HR departments recognize faster than an I-94 print-out. She remains free to file Form I-765 for one. But she should not treat the application as a prerequisite and should not delay starting work while it is pending.

One more point, since the work is contractor work: Form I-9 is completed for employees. A genuine independent contractor is not I-9 verified at all, so the client company has no I-9 to complete for her. The List A / List B / List C framework is still the useful reference for what document to hand over when they ask — but the request is a business practice here, not a legal verification obligation.

Because this is agency guidance rather than a regulation, and agency guidance changes without much notice, confirm the current M-274 Handbook for Employers text on uscis.gov before relying on it, and print the page.

What you can do

1. Retrieve her most recent I-94 from CBP's I-94 website. Look at the class of admission field and the admit-until date. 2. If it reads "L-2S" and is unexpired: give the client a copy. Nothing else needs to be filed. 3. If it predates January 30, 2022 or shows only "L-2": supply the accompanying USCIS notice along with the I-94. A subsequent admission or status action generally produces the annotated version. 4. If the client's HR pushes back, print the relevant section of the current M-274 Handbook for Employers from uscis.gov and give it to them. 5. File Form I-765 only if she wants the card for convenience. Do not wait for it before starting work. 6. Put the I-94 admit-until date and the principal L-1 spouse's status dates on a calendar with a reminder several months out. Her authorization exists only while her status does.