That is a household decision, but the immigration plan should not assume approval while a central eligibility issue remains unresolved. A pending case does not grant the spouse L status or employment permission. Review the financial and timing consequences using the actual uncertainty.
Separate the household milestones
Identify the principal’s eligibility assessment, required filing or admission steps and the spouse’s intended procedure. Qualifying L spouses may be work-authorized incident to status with the required evidence, but projected future permission should not be treated as current income. Keep an alternative plan if the transfer timing changes. Eligible temporary dependents are a qualifying spouse and unmarried child under 21. Children receive no spousal work benefit; the qualifying spouse needs valid status and appropriate evidence, with no universal EAD requirement.
Practical steps still matter — employers will need to see documentation acceptable for employment verification — so the family should raise this early rather than assuming a new employer will understand the position. For a child, school attendance is generally the practical focus; an employment offer, paid placement, or business activity should not be assumed permissible simply because the parent holds L-1A. Where relatives genuinely do work, the arrangement should appear in ordinary business records: an employment agreement or engagement letter, payroll entries, and evidence of the authorization each person relies on.