Assess where each activity occurs and the spouse’s actual US work authorization.
Do not infer permission from family ownership
Qualifying L spouses may work incident to appropriate status with required evidence. The principal’s transfer or the family’s need for staffing does not itself give everyone permission to work in the United States.
List every task the spouse expects to perform, its location, the relevant entity, and the required immigration event. A qualifying L-2 spouse is employment-authorized incident to status with appropriate evidence, but family ownership or the principal’s approved petition does not confer that permission before L-2 status exists. Canadian duties should also be described honestly when explaining continuing foreign operations. The principal’s case independently requires a related qualifying organization, one continuous employment year abroad during the prior three, and primarily managerial or executive American duties. A new office has a one-year initial rule; overall L-1A stay generally cannot exceed seven years.
Hypothetical example: a North Hatley woollen-textile company transfers its managing director, whose spouse temporarily assumes Canadian purchasing and hopes to negotiate American supplier contracts. The records should distinguish purchases made from Canada from activities undertaken while physically in the United States. After admission in proper L-2 spousal status, the spouse may generally work incident to status; beforehand, relationship and shareholding are insufficient. The firm should document both assignments without pretending one person occupies two locations or that the Canadian vacancy vanished.