L-2 visa
The L-2 visa is a nonimmigrant visa that allows the spouse and unmarried children (under 21 years of age) of an L-1 visa holder to enter and reside in the United States. The L-1 visa is for intracompany transferees who are employed in managerial or executive capacities, or who possess specialized knowledge, and are being transferred to a U.S. branch, parent, affiliate, or subsidiary of their foreign employer.
Eligibility for L-2 Visa:
To be eligible for an L-2 visa, applicants must be the spouse or unmarried child (under 21) of a valid L-1 visa holder. They must demonstrate that they are accompanying or following to join the L-1 visa holder in the United States.
Rights and Restrictions:
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Work Authorization: L-2 spouses are eligible to apply for an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). Once the EAD is approved, the L-2 spouse can work legally in the United States for any employer. The children of L-1 visa holders are not eligible for work authorization.
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Study: L-2 visa holders are allowed to study in the United States at any academic level, from primary school through university.
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Travel: L-2 visa holders can travel in and out of the United States as long as their visa and the L-1 visa holder's status remain valid.
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Duration of Stay: The L-2 visa is typically granted for the same duration as the L-1 visa holder's status. It can be extended if the L-1 visa holder's status is extended.
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Dependent Status: The L-2 visa is dependent on the L-1 visa. If the L-1 visa holder's status is terminated or revoked, the L-2 visa holder's status will also be affected.
Application Process:
The L-2 visa application process generally involves the following steps:
- The L-1 visa holder must have a valid and approved L-1 petition (Form I-129) with USCIS.
- The L-2 applicant must complete the online nonimmigrant visa application (Form DS-160).
- The applicant must pay the visa application fee.
- The applicant must schedule and attend a visa interview at a U.S. embassy or consulate in their country of residence.
- Required documentation includes (but is not limited to): a copy of the L-1 visa holder's approval notice (Form I-797), a copy of the L-1 visa holder's visa and I-94, a marriage certificate (for spouses) or birth certificate (for children), and proof of the relationship to the L-1 visa holder.
Important Considerations:
- The L-2 visa application can be filed concurrently with the L-1 visa application or after the L-1 visa has been approved.
- The visa officer will assess the applicant's eligibility based on the provided documentation and the interview.
- It is crucial to provide accurate and complete information to avoid delays or denial of the visa.
- Individuals considering applying for an L-2 visa should consult with an immigration attorney for personalized advice.