1. What is the L2 Visa?
The L2 Visa is a non-immigrant visa that allows the dependents (spouse and unmarried children under 21) of L1 Visa holders to accompany them to the United States. The L1 Visa is for employees of international companies who transfer to the U.S. to work for their company, and the L2 Visa is specifically designed to allow their family members to join them.
The L2 Visa allows dependents to:
- Live in the United States for the duration of the L1 Visa holder’s stay.
- Work in the U.S. with proper authorization.
- Study in the U.S. without additional permits.
2. Who is Eligible for the L2 Visa?
The L2 Visa is only available to the spouse and unmarried children under 21 of an L1 Visa holder. L1 Visa holders fall into two categories:
- L1A Visa holders: for executives and managers.
- L1B Visa holders: for specialized knowledge employees.
Eligibility Requirements for L2 Visa:
- Relationship with L1 Visa Holder: The applicant must be either the legal spouse or an unmarried child under 21 of the L1 Visa holder.
- Valid L1 Status of the Primary Applicant: The L1 Visa holder must maintain valid status in the U.S., as the L2 Visa is dependent on it.
- Intent to Return: Since the L2 Visa is a non-immigrant visa, applicants may need to show they plan to return to their home country once the primary L1 Visa holder’s employment ends or their visa expires.
3. Benefits of the L2 Visa
The L2 Visa offers several benefits that make it easier for dependents to live, work, and study in the U.S. while accompanying their L1 Visa family member:
1. Work Authorization
One of the primary benefits of the L2 Visa is that spouses of L1 Visa holders can obtain work authorization (Employment Authorization Document, or EAD) in the U.S. Once approved, L2 spouses can work for any employer in the U.S. or even start their own business. Recently, USCIS granted automatic work authorization for L2 spouses, removing the need for separate EAD applications for eligible spouses.
2. Study Opportunities
L2 dependents can attend U.S. schools, universities, and other educational institutions without additional permits, giving children and spouses the chance to pursue education in the U.S.
3. Travel Flexibility
L2 Visa holders are allowed to travel freely in and out of the United States as long as their visa remains valid, making it convenient for families to visit their home country and return to the U.S. without losing status.
4. How to Apply for the L2 Visa
The L2 Visa application process involves several steps, typically starting with the L1 Visa holder’s relocation and extending to the family members who wish to join.
Step 1: Complete the DS-160 Form
Each L2 applicant must complete Form DS-160, the online non-immigrant visa application. This form is submitted electronically, and you’ll receive a confirmation page with a barcode that must be presented at the visa interview.
Step 2: Pay the Visa Application Fee
After completing the DS-160, pay the visa application fee. This fee is generally $160 USD for each applicant and is non-refundable.
Step 3: Schedule a Visa Interview
All L2 applicants must schedule a visa interview at the U.S. embassy or consulate in their home country. However, children under 14 or adults over 79 are often exempt from the interview requirement.
Step 4: Gather Required Documents
Collect all necessary documents to support the L2 Visa application, including:
- Valid passport for each applicant.
- DS-160 confirmation page.
- Visa appointment confirmation.
- Receipt for the visa application fee.
- Copy of the primary L1 visa holder’s Form I-797 (Notice of Action).
- Employment verification letter for the L1 visa holder.
- Marriage certificate (for spouses) or birth certificate (for children) to prove family relationship.
Step 5: Attend the Visa Interview
During the visa interview, a consular officer will verify the relationship between the L1 Visa holder and the L2 applicants and assess the intent to return to the home country after the L1 visa holder’s employment ends.
5. Work Authorization for L2 Visa Holders
As of recent policy changes, L2 spouses now enjoy automatic work authorization without needing to file for an EAD (Employment Authorization Document). This automatic authorization allows spouses to work for any employer, including self-employment.
If additional documentation is needed, spouses can still file Form I-765 (Application for Employment Authorization) for an official EAD card, which may be beneficial as a form of proof for employers.
6. Duration of Stay on the L2 Visa
The duration of the L2 Visa is tied to the L1 Visa holder’s status. The L2 visa remains valid as long as the L1 Visa holder continues to work and reside in the U.S. under their approved status. L1 Visa holders can stay in the U.S. for up to:
- 7 years if holding an L1A Visa.
- 5 years if holding an L1B Visa.
After this period, L2 Visa holders may need to leave the U.S. with the L1 Visa holder unless they change their visa status or the L1 Visa holder’s status is renewed or extended.
7. Pathway to U.S. Green Card for L2 Visa Holders
L2 Visa holders may be eligible to apply for a Green Card along with the L1 Visa holder if they choose to pursue permanent residency. The process usually involves:
- Employment-Based Green Card: If the L1 Visa holder’s company sponsors them for a Green Card, the L2 dependents can also be included in the application.
- Adjustment of Status (AOS): L2 dependents already in the U.S. can apply for Adjustment of Status without needing to return to their home country.
Once the primary L1 Visa holder receives permanent residency, the L2 spouse and children can typically receive Green Cards as derivative applicants.
8. Can L2 Visa Holders Study in the U.S.?
Yes, L2 Visa holders are allowed to study in the U.S. without obtaining a separate student visa (such as the F1 Visa). This is a great advantage for children of L1 Visa holders who can attend U.S. schools or universities without additional paperwork. Spouses on an L2 Visa can also enroll in educational programs, including part-time and full-time courses.
9. Restrictions and Limitations of the L2 Visa
While the L2 Visa offers flexibility, there are certain limitations:
- Dependent on L1 Status: The validity of the L2 Visa is tied to the L1 Visa holder’s employment status. If the L1 Visa holder loses their job, the L2 Visa holder may need to leave the U.S.
- Age Limit for Children: Children on L2 visas lose their dependent status once they turn 21. They must then transition to another visa category (such as an F1 student visa) to stay in the U.S.
- Limited Travel During Processing: If applying for a Green Card, traveling outside the U.S. while the application is processing can lead to complications unless advance permission is obtained.
10. Conclusion
The L2 Visa provides valuable opportunities for dependents of L1 Visa holders to live, work, and study in the United States. With recent changes allowing automatic work authorization for spouses, the L2 Visa has become an even more attractive option for families relocating with an L1 Visa holder. By following the application steps and understanding the visa’s benefits and limitations, L2 Visa holders can make the most of their time in the U.S. and, if desired, pursue a path to permanent residency.