L-2 Visa Work Authorization: What Changed After Shergill v. Mayorkas

For years, L-2 spouses faced a frustrating reality: even after arriving in the US legally on a dependent visa, they could not work until USCIS processed a separate Employment Authorization Document (EAD). Processing times for EAD applications regularly stretched six to twelve months, leaving spouses unable to work, earn income, or build their careers while the L-1 primary applicant was already fully employed.

That framework was dismantled in 2021. What changed — and how the current rules work in practice — matters to every family going through an L-1 transfer.

What Changed: Shergill v. Mayorkas

In November 2021, USCIS settled the class-action lawsuit Shergill v. Mayorkas. The settlement resulted in USCIS formally acknowledging that the Immigration and Nationality Act grants L-2 spouses employment authorization as an incident of their immigration status — meaning the right to work is inherent in the L-2 classification itself, not a separate benefit that requires an EAD application.

This was a fundamental legal shift. L-2 spouses do not need an EAD to work. They never needed one under the statute; USCIS had been implementing the law incorrectly for decades.

How It Works Now: The L-2S Designation

Beginning in early 2022, US Customs and Border Protection (CBP) began issuing I-94 arrival records with a specific class of admission code: "L-2S" for L-2 spouses.

An unexpired I-94 bearing the L-2S designation functions as a valid Form I-9 employment authorization document (List C document). An employer can hire an L-2 spouse immediately upon arrival in the US without waiting for any separate authorization.

The practical steps at arrival:

1. The L-2 spouse enters the US with the approved L-2 visa
2. CBP issues the I-94 with "L-2S" class of admission (not just "L-2")
3. The spouse downloads their I-94 record from i94.cbp.dhs.gov
4. This I-94 is presented to the employer as work authorization

That is the entire process. No I-765 form. No biometrics appointment. No months of waiting.

I-9 Verification: What Employers Need to Know

For Form I-9 purposes, the L-2S I-94 satisfies the List C (employment authorization) requirement. The employer also needs a List B (identity) document — typically the passport used at entry. Together, these complete the I-9.

Employers may be unfamiliar with this relatively recent change. If an HR department pushes back and asks for an EAD card, the employee can point to the USCIS Policy Manual and the Shergill settlement. The I-94 with L-2S designation is legally sufficient.

What About L-2 Children?

L-2 children (unmarried children under 21 of L-1 holders) have always been permitted to attend school in the US on L-2 status. However, they are not authorized to work — the work authorization that flows from L-2 status post-Shergill applies specifically to spouses.

Minor L-2 children who want to work in the US later (for example, as they approach adulthood) would need a separate employment-based authorization.

Transitioning Status Within the US: The 180-Day Automatic Extension

For L-2 spouses who previously had an EAD and are filing for renewal, a specific protection applies: if the I-765 renewal is timely filed before the existing EAD expires, an automatic 180-day extension of the existing EAD applies while the renewal is pending. This bridges the gap between the old EAD expiring and the new one arriving.

For spouses who entered after the Shergill settlement and have never held an EAD, this automatic extension mechanism is largely academic — they are working on I-94 authority, not an EAD, so there is no EAD expiry to worry about.

However, when the primary L-1 holder's status expires or the L-1 is extended, the L-2S designation on the I-94 changes. The new I-94 issued after an L-1 extension will have a new expiry date, and the spouse's work authorization is tied to that validity period. Keeping the I-94 current is critical.

When an EAD Still Makes Sense

Despite the Shergill changes, there are situations where filing for an EAD is still practical:

Travel documentation: An EAD card is a physical card with the holder's photo, which some employers find easier to work with than an electronic I-94 printout. If the spouse works for an employer with less experience in immigration compliance, having an EAD card can reduce friction.

Changing status within the US: If the L-2 spouse is adjusting to a different status, they may need an EAD as part of that process.

Backup if I-94 validity is unclear: In cases where there has been a period of grace between L-1 renewals or any administrative confusion about status, an EAD provides an unambiguous, self-contained work authorization document.

Coordinating the L-1 Transfer and L-2 Applications

When filing the L-1 I-129 petition, the L-2 applications for spouse and dependents are typically filed concurrently. The I-539 (Application to Extend/Change Nonimmigrant Status) covers dependents already in the US, while dependents outside the US simply apply for L-2 visas at the consulate after the L-1 petition is approved.

Planning point: the L-2 spouse's ability to start work immediately upon arrival — without any waiting period — is a significant quality-of-life improvement compared to the pre-Shergill era. Families considering an L-1 transfer no longer need to plan around a 6 to 12 month "stranded spouse" window.

The US L-1 Intracompany Transfer Visa Guide covers the complete family planning aspects of the L-1 transfer, including the L-2S documentation process, concurrent filing strategies, and how to coordinate extensions to ensure uninterrupted work authorization for L-2 spouses throughout the L-1 lifecycle.

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