Spouses on US assignments: who can work?
The question that quietly decides whether a family accepts a US assignment is rarely about the employee. It is about the spouse.
Insights · Patrick Smith, Attorney at Law · September 13, 2026
The short answer: spouses of L-1 and E visa holders are authorized to work in the United States incident to their status. Spouses of H-1B workers can work only in specific situations. Spouses of TN and O-1 workers cannot work on their dependent status at all. Choosing the principal's visa category therefore decides the spouse's options too.
L-1 and E spouses: work is built in
Spouses of L-1 intracompany transferees and E-1 or E-2 treaty visa holders are employment-authorized because of their status. Their arrival record (Form I-94) is annotated to show it, with designations such as L-2S, E-1S, or E-2S, and that record can serve as proof of work authorization for an employer. A separate employment authorization card remains available for those who want one. For assignment planning, this makes L and E routes especially attractive to dual-career families.
H-1B spouses: only in defined situations
Spouses of H-1B workers hold H-4 status, which does not include work authorization by default. An H-4 spouse can apply for an employment authorization document when the H-1B worker has an approved immigrant petition (Form I-140) or has had H-1B status extended under specific green card provisions. In practice, many H-4 spouses cannot work for the first years of an assignment.
TN and O-1 spouses: no work on dependent status
Spouses of TN professionals (TD status) and O-1 extraordinary ability workers (O-3 status) cannot be employed on that dependent status. They may study, and they can pursue work through their own independent visa if they qualify for one.
Children
Unmarried children under 21 can generally accompany the principal and attend school. Dependent children do not receive work authorization through L or E status. Families should also plan for the day a child turns 21, when dependent status ends and a separate status is needed.
Why this belongs at the start
Mobility teams often choose a visa category first and discover the spouse question later. Where an employee could qualify for more than one route, the spouse's ability to work can be the deciding factor. Raising it in the first planning conversation avoids a declined assignment after months of preparation.
Quick answers
Can an L-2 spouse work in the United States?
Can an E-2 spouse work?
Can an H-4 spouse work?
Can children of L-1 or E-2 visa holders work?
Map the route for your situation
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