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ONE DECISION AT A TIME

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Focused guides for the questions that need more than a quick answer. Each includes a worksheet to prepare your next conversation.

FIELD GUIDES · DELTA

Seven decisions, answered before you prepare.

01

TN documents for a lawyer's cross-border assignment

The lawyer category, which includes a notary in Quebec, lists LL.B., J.D., LL.L., B.C.L. or a five-year Licenciatura degree, or membership in a state or provincial bar. Meeting the TN credential criterion is separate from satisfying the U.S. jurisdiction's rules for the legal services proposed. Document both questions.

Gather the law degree transcript or diploma, or a certificate of good standing from a Canadian provincial law society. Either can support the category depending on which path is being used; do not submit an outdated or lapsed membership record as current standing.

WHAT THIS GUIDE COVERS

  • Document the qualifying credential
  • Separate TN eligibility from the practice-of-law question
  • Describe duties precisely in the employer letter
  • Describe the services without describing the practice of law

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02

Why a dependent's citizenship or status doesn't automatically authorize work

Canadian citizenship or permanent residence alone does not authorize U.S. employment. The U.S. classification matters: qualifying E-2 and L-2 spouses are employment authorized incident to valid spousal status, while TD status and E-2/L-2 dependent-child status do not themselves authorize work. Confirm the individual's status and acceptable evidence.

Qualifying E-2 and L-2 spouses are employment authorized incident to their valid spousal status; they do not need a separate Form I-765 approval to start work. TD status itself does not authorize employment. E-2 and L-2 dependent children do not receive employment authorization from those classifications. A family member without employment authorization must establish a separate lawful basis before working; the principal's employment and the family's Canadian status do not fill that gap.

WHAT THIS GUIDE COVERS

  • Check what the principal's category actually authorizes for dependents
  • Confirm the qualifying relationship and required documents
  • Set expectations before the move, not after
  • Build a table with one row for each person

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03

How to check whether a family member can actually work

Expecting to work is not the same as being authorized to work. A dependent's ability to work depends on the principal applicant's category and on the dependent's own qualifying status and documentation, not on being part of the household.

Qualifying E-2 and L-2 spouses are employment authorized incident to their valid spousal status; they do not need a separate Form I-765 approval to start work. TD status itself does not authorize employment. E-2 and L-2 dependent children are not authorized to work by those classifications. Start by checking which status each family member actually holds, including whether the record identifies a spouse or a child.

WHAT THIS GUIDE COVERS

  • Confirm the dependent category first
  • Do not treat a derivative status as a stand-in visa
  • Verify status and employment evidence before starting work
  • Ask the prospective employer what they will actually accept

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04

Planning for a family member who expects to work under L2 status

Work authorization under L2 status attaches to a qualifying spouse's own status, not to the household as a unit, and does not extend to children regardless of age or dependency. A family member who expects to work should confirm their individual classification and any required evidence before making employment plans.

A qualifying spouse in valid L-2 status is employment authorized incident to that status. Children in L-2 dependent status are not employment authorized by that classification. If a child intends to work, seek advice about a separate lawful basis; do not imply that an ordinary L-2 child-dependent filing creates work authorization.

WHAT THIS GUIDE COVERS

  • Confirm which family member the authorization applies to
  • Verify the evidence the spouse actually needs
  • Do not let job planning outrun the underlying status
  • Separate the three things people mean by permission to work

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05

L1 and E2 dependent work authorization for a family member expecting to work

Whether a family member can work depends on their own qualifying status, not on the principal applicant's category alone or on wanting to work. Spousal work authorization is available under both L1 and E2 dependent frameworks when the required spousal status and documentation are met; children are not authorized to work based on being dependents in either category.

A spouse must obtain and maintain qualifying L-2 or E-2 spousal status through the applicable admission or change-of-status process. Employment authorization follows from that valid status; a separate Form I-765 approval is not required. Confirm that the I-94 identifies the spouse correctly, because E-2 and L-2 children do not receive the same employment authorization.

WHAT THIS GUIDE COVERS

  • Confirm the spouse's status is the qualifying type
  • Do not extend the same assumption to children
  • Keep the timing of authorization separate from the move itself
  • Check when the authorization actually begins

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06

Working out whether a family member can actually work

TD status does not itself authorize employment. Qualifying L-2 and E-2 spouses are employment authorized incident to valid spousal status; their EAD applications are optional. Children in TD, L-2 or E-2 dependent status are not authorized to work by those classifications. Confirm each person's actual status and employment evidence rather than relying on the principal's job offer.

A spouse or child accompanying a TN holder is in TD status; a spouse or child accompanying an L1 holder is in L2 status; a spouse or child accompanying an E2 principal holds E2 dependent status. Each of these is a distinct category with its own rules, and the family member's own paperwork, not the principal's job offer, is what establishes it.

WHAT THIS GUIDE COVERS

  • Identify which dependent category applies
  • Confirm the spouse's qualifying status and evidence
  • Separate dependent study rights from work authorization
  • Keep study and employment in different columns

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07

What EB-5 and Gold Card dependents can expect about work authorization

A family member who expects to begin working needs to understand that neither EB-5 nor the Gold Card creates a separate work permit on its own. Work authorization follows from the status actually granted, once admission has occurred, not from an investment or a payment. Plan around that gap rather than assuming an early start date.

Filing an EB-5 petition or completing a Gold Card contribution does not, by itself, authorize any household member to work. Whatever employment ability a dependent eventually has comes from the immigration status actually granted, such as conditional permanent residence, not from the underlying investment or gift transaction.

WHAT THIS GUIDE COVERS

  • Understand each program provides no independent work path
  • Compare the dependent's route under each program
  • Plan around the gap before status is granted
  • Work out what the household lives on during the gap

Read the full guide