If your spouse is an L1 visa holder, you may be able to apply for an L2 visa, allowing you to live and work in the United States. You can also use this visa if your parent is an L1 visa holder, but it does not extend to other extended family members.
Working with an immigration advisor, such as the expert team at Total Law, could boost your chances of a successful application.
Understanding the L2 Visa
The United States’ L1 visa allows select individuals to travel to the country to perform executive, managerial, and specialist roles for their employer’s US branch. This visa allows certain dependents, including the visa holder’s spouse, to join them in the USA.
While you have an L1 visa, you will be allowed to live in the US for the same amount of time as your spouse. As a result, you can extend your L2 visa if your partner extends their L1 visa. The maximum extension time is usually five to seven years, while the initial validity is usually three years. So long as you maintain your visa’s validity, you can freely travel to and from the United States.
While holding an L2 visa, you will also have automatic work authorisation. However, some L2 visa holders choose to obtain the standard Employment Authorization Document (EAD) to clarify their status with prospective employers. This is a photo ID card displaying non-citizens right to work in the US for a specific period.
Likewise, you will be allowed to enroll in a range of educational programs, ranging from short-term courses to full degrees, without needing to apply for a separate F1 Student visa. It is important to note that a US college is notoriously expensive, and it may make more sense to complete your studies in your home country. Any children joining you in the US through an L1 visa can access the US public school system, but they won’t be allowed to work.
L2 Visa Documents
Before you make your L2 visa application, which will allow you to live and work in the United States, you will need to show that you meet the eligibility requirements. Provide evidence through the documentation listed below:
- Your completed application form: Form DS-160 (Online Nonimmigrant Visa Application).
- You and your spouse’s valid passports.
- Your passport-style photographs.
- A marriage certificate, and divorce or death certificates to confirm any of your previous marriages have been properly ended.
- A copy of your partner’s approved L1 petition.
- A confirmation letter, written by your L1 visa holder, confirming that you are their dependent.
- A letter from your partner’s employer.
Similar documentation will also need to be provided if you are applying for L2 visas for any of your children. Please note that this list is not exhaustive. Moreover, the United States Citizen and Immigration Services (USCIS) has the right to request further documentation.
Applying for an L2 Visa
Once you have gathered your supporting documents, you can begin the application process. The usual steps are detailed below:
- Wait for your spouse’s Form I-129 (Petition for a Nonimmigrant Worker) to be approved.
- Obtain and complete Form DS-160.
- Pay the application fee and submit your application. Make sure to retain the receipt.
- Schedule two visa appointments. The first is a simple biometrics appointment, where your photograph and fingerprints will be taken. The second is an interview at your nearest US Embassy or Consulate.
- Attend your interview. US officials will ask for your supporting documents and ask questions about your application.
With your application submitted, you will usually need to wait a few weeks for processing. Processing can take substantially longer if there are issues with your application or if US officials want to request additional documents to know how your finances are handled in the country. Apply as early as possible so your travel to the US isn’t disrupted.
Switching to a Different Visa Type
As an L2 visa holder, you are considered the dependent of your L1 visa holder spouse. Your right to live and work in the US is based on your ongoing relationship and their L1 visa status. However, you may be able to switch to a different visa type to protect your status in the US.
One option could be the F1 Student visa. This visa type is perfect if you want to start studying in the US. Meanwhile, a Work visa could be appropriate if you want to make your working arrangements long-term. Likewise, you could persuade your employer to sponsor you for an H1B visa.
Finally, you could apply for an L1 visa so that you and your spouse have equivalent visa status, although this will require you to get an appropriate role.
Alternatively, your visa status will change if your spouse switches to a different visa type that allows them to bring a dependent to the US. An example is the H1B visa, which will require you to apply for an H4 visa.
How Can Total Law Help?
The L2 visa is a fantastic option if your spouse is set to travel to the US on an L1 visa. It will give you the right to live, work, and study in the country without requiring additional authorisation. However, getting the visa requires an application for both the L1 and L2 visas as a couple, succeeding within America’s tricky visa procedures twice.
Working closely with a leading immigration advisor like Total Law can boost your chances of success as companies are promoting employee acquisition in the US. Our lawyers can help you understand your eligibility for the visa before gathering your documentation and guiding you through the entire application process. They will then help you to prepare for your visa interview.
Total Law’s assistance continues once you have moved to the US. Our team will guide you through the renewal process for both the L1 and L2 visa so that your legal status in the US endures.
