Form I-9 for H-4 and L-2 spouses: the H-4 EAD, L-2S I-94 entries, the 2025 extension cutoff and children

H-4 and L-2 spouses sit on opposite sides of the Form I-9 rules. An L-2 spouse is work authorized by their status, so an unexpired Form I-94 showing the L-2S class of admission is a List C document, presented with a List B identity document. An H-4 spouse is not: they may work only with an Employment Authorization Document in category C26, which USCIS grants only when the H-1B spouse has an approved Form I-140 or an extension under AC21, and the EAD is a List A document. As of November 2026, an EAD renewal received on or after October 30, 2025 does not extend an expiring card for either group, and children in H-4 or L-2 status cannot work on that status.

The principal workers' forms are covered in Form I-9 for H-1B workers and Form I-9 for L-1 workers, and the general renewal rules, with the date arithmetic, are in EAD automatic extensions and Form I-9. This page covers what only the spouses have: the H-4 EAD's conditions and the L-2S I-94.

How do H-4 and L-2 spouses compare on Form I-9?

Can an H-4 spouse work, and what do they show?

Only with the EAD in hand. USCIS's H-4 page says eligible spouses "must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working," and that the EAD's expiration "should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status." To complete the form:

1. Section 1. The employee checks "An alien authorized to work," enters the EAD's Card Expires date, and gives a USCIS Number or A-Number, an I-94 admission number, or a foreign passport number and country.
2. Section 2. Under List A, enter "EAD," the issuing authority, the card number and the Card Expires date. An unexpired EAD completes Section 2 on its own.
3. Do not ask for more. The H-1B spouse's Form I-140, the marriage certificate and the H-4 I-94 are evidence for USCIS, not Form I-9 documents, unless the employee is relying on an automatic extension (below), where the I-94 is part of the document combination.
4. Diary the Card Expires date for reverification on Supplement B.

Other H-4 spouses have no EAD route. Category C26 is defined by reference to the spouse of an H-1B worker described in 214.2(h)(9)(iv), so spouses of H-1B1, H-2A, H-2B and H-3 workers cannot use it; see Form I-9 for E-3 and H-1B1 workers. An H-4 spouse who holds an EAD on another basis, such as a pending application to adjust status, may present that instead; the employee chooses.

What happens when an H-4 EAD is about to expire?

The date USCIS received the renewal decides it. M-274 Section 5.0 says that from October 30, 2025, "unless otherwise provided by law or through a Federal Register notice," a timely renewal does not automatically extend an expiring EAD, and DHS adopted that change as a final rule effective October 14, 2026. USCIS's H-4 page adds that a renewal cannot be filed more than 180 days before the current EAD expires.

• Received on or after October 30, 2025: no extension. By the Card Expires date the employee needs a new EAD or another List A or List C document, or they cannot keep working.
• Received before October 30, 2025, still pending: M-274 5.2 requires three things together: the EAD that looks expired, a Form I-797C showing a timely renewal with "Class requested" (C26), and a Form I-94 showing unexpired H-4 status. The new date is 540 days after the Card Expires date or the I-94 end date, whichever is earlier, and the extension ends sooner if USCIS decides the renewal.

For a new hire in that second group, enter "EAD," the card number and the calculated date in the first List A fields, the I-94 in the second set, and "EAD EXT" in Additional Information. For a current employee, enter "EAD EXT" and the new date in Additional Information. An example with illustrative dates: a C26 EAD shows Card Expires March 1, 2026; the I-797C shows a received date of October 6, 2025, class (C26); the H-4 I-94 ends February 28, 2027. The 540-day date would be August 23, 2027, but the I-94 ends first, so the extension runs to February 28, 2027. Section 5.2 requires an unexpired I-94; a pending Form I-539 to extend H-4 status is not listed as a substitute.

What do L-2 spouses show?

Spouses of L-1 workers are employment authorized incident to status, and since January 30, 2022 the I-94s issued to them carry the L-2S class of admission. Per M-274 Section 7.9.2:

• I-94 with L-2S, issued on or after January 30, 2022: the spouse checks "An alien authorized to work," enters the I-94 end date, and presents the I-94 as a List C #7 document plus a List B identity document.
• I-94 issued before January 30, 2022 showing L-2: the I-94 together with the Form I-797A notice USCIS sent in 2022 identifying the person as an L-2 spouse is the List C #7 document. Under List C enter "Form I-94," the I-94 number and the I-94 end date; in Additional Information enter "Form I-797A" and its receipt number. Use the same entries on Supplement B.
• An EAD (category A18): optional. A spouse "may choose to apply" for one but "is not required to do so." The renewal rules above apply to it, with an L-2 or L-2S I-94 in place of the H-4 I-94.

Requiring an EAD from an L-2S spouse who shows a valid I-94 and List B document is asking for specific documents, which the Form I-9 instructions forbid; see I-9 document abuse. The same mechanics apply to E-1S, E-2S and E-3S spouses under M-274 Section 7.9.1; see Form I-9 for E-2 employees.

When do you reverify an H-4 or L-2 spouse?

• H-4: by the EAD's Card Expires date, or by the extended date where a pre-October 2025 renewal qualifies.
• L-2S: by the spouse's own I-94 end date, which can differ from the L-1 worker's. The 240-day rule in M-274 Section 7.7 lists L-1, not L-2, and 8 CFR 274a.12(b)(20) is written for the employer-specific classes in paragraph (b). USCIS does not describe a similar continuation for a spouse whose own extension is pending, so if the I-94 will end before a new one arrives, the spouse needs another acceptable document by then. Confirm the specific case with counsel.

M-274 Section 6.1 says you must reverify "no later than the date employment authorization expires," and the employee may show any List A or List C document. A new I-94 from an approved extension or a readmission goes on Supplement B.

What should recruiters and hiring managers avoid?

• Asking about the spouse's case. Before an offer, the two standard work authorization questions are enough; whether the H-1B spouse has an approved I-140 is not your question. See work authorization questions in interviews.
• Treating H-4 and L-2 alike. An L-2S spouse without an EAD is authorized; an H-4 spouse without one is not.
• Accepting a 2026 receipt as an extension. An expired EAD plus a receipt for a renewal received on or after October 30, 2025 is not an extended EAD.
• Rejecting documents that expire soon. The instructions say employers "should not reject acceptable documentation due to a future expiration date."
• Offering jobs to H-4 or L-2 children on the strength of the parent's status.

An H-4 and L-2 spouse Form I-9 checklist

• H-4: an unexpired C26 EAD in List A, Card Expires date in Section 1.
• L-2S: I-94 under List C plus a List B document, or the pre-2022 I-94 with the Form I-797A.
• No demand for an EAD from an L-2S spouse, and no request for the H-1B spouse's papers.
• Renewal received date checked against October 30, 2025 before accepting an expired EAD.
• For a qualifying extension: the earlier of 540 days and the I-94 end date, with "EAD EXT."
• The spouse's own I-94 end date calendared, separate from the principal worker's.
• Children in H-4 or L-2 status treated as needing their own work authorization.