Yes. The spouse and unmarried children under 21 of an L1A or L1B visa holder may apply for L2 visas to accompany or join them in the United States. Parents, siblings and married children do not qualify as L2 dependants. Spouses and children have different work rights. Eligible L2 spouses are authorized to work based on their valid L2 status, with acceptable employment-verification evidence. L2 child status does not authorize employment. Both spouses and children may study while maintaining valid L2 status.
Navigating the world of U.S. immigration can be complex, especially when it involves your family. If you’re an L1 Visa holder, you might wonder about your family’s immigration possibilities. Can they join you in the U.S.? What are the requirements?
This article aims to answer these questions. We’ll explore the L1 Visa and its implications for family immigration, delve into the L2 Visa for dependents, and discuss the rights, privileges, and obligations of L2 Visa holders.
Whether you’re an L1 Visa holder, planning to apply, or a family member, this guide is for you. Let’s demystify the process of L1 Visa family immigration together.
Understanding the L1 Visa
The L1 Visa is a non-immigrant visa designed for intracompany transferees. This visa allows foreign workers to transfer to a U.S. branch of their employer, which must be the same or a subsidiary, affiliate, or parent company.
It is intended for managers, executives, and specialized knowledge employees and serves as a pathway for international companies to establish a presence in the U.S. market. The duration of stay varies: up to 7 years for L1A and 5 years for L1B visa holders.
Understanding the L1 Visa is the first step in exploring family immigration possibilities.
What is an L1 Visa?
The L1 Visa is a type of U.S. work visa for employees of international companies that have offices in both their home country and the U.S. It allows these employees to transfer to the U.S. office.
It’s a temporary visa, but it can lead to permanent residency under certain conditions.
Types of L1 Visas: L1A and L1B
There are two types of L1 Visas: L1A and L1B. The L1A Visa is for executives and managers, while the L1B Visa is for employees with specialized knowledge.
The type granted depends on the employee’s role in the company.
L1 Visa Requirements
To qualify for an L1 Visa, the applicant must have worked for the foreign company for at least one year in the last three years. The foreign company must have a qualifying relationship with the U.S. company, such as being a parent, branch, subsidiary, or affiliate.
The applicant must be coming to the U.S. to work in an executive, managerial, or specialized knowledge capacity. The exact role and responsibilities determine whether an L1A or L1B visa is appropriate.
L2 Visa: Family Immigration for L1 Visa Holders
The L2 Visa is designed for dependents of L1 Visa holders and allows them to accompany the primary visa holder to the U.S. This visa is not limited to spouses; unmarried children under 21 years of age are also eligible.
The L2 Visa offers several benefits, including the ability to study in the U.S. without needing a separate student visa.Eligible L2 spouses are authorized to work based on their valid L2 status, with acceptable employment-verification evidence. L2 child status does not authorize employment.
However, the L2 Visa is dependent on the status of the L1 Visa holder. If the L1 Visa is terminated, the L2 Visas are also affected.
Use this comparison to check the different rights and requirements for an L2 spouse and an L2 child:
| What to check | L2 spouse | L2 child |
|---|---|---|
| Eligibility | The legally married spouse of an L1 visa holder. | An unmarried child under 21 of an L1 visa holder. |
| Status | L2 dependant status linked to the principal’s L1 status. | L2 dependant status linked to the principal’s L1 status. |
| Work rights | Eligible spouses are authorized to work based on valid L2 status. Acceptable employment-verification evidence is required. | L2 child status does not authorize employment. |
| Study rights | May study full-time or part-time without changing to F1 status, while maintaining L2 status. | May study full-time or part-time without changing to F1 status, while maintaining L2 status. |
| I-94 notation | L2S identifies the spouse classification. An unexpired L2S I-94 can evidence employment authorization. | L2Y identifies the child classification. It does not evidence employment authorization. |
| Age limits | The under-21 restriction for dependent children does not apply to a spouse. | Must remain unmarried and under 21 to qualify for L2 child status. |
See the USCIS family eligibility guidance and Department of State L-visa guidance for the spouse and child requirements.
Who Qualifies for an L2 Visa?
The L2 Visa is for immediate family members of L1 Visa holders, which includes the spouse and unmarried children under 21 years of age. The relationship to the L1 Visa holder must be proven during the application process, typically through marriage and birth certificates.
Other relatives, such as parents, siblings, or married children, do not qualify for an L2 Visa.
Applying for an L2 Visa
The L2 Visa application can be submitted at the same time as the L1 Visa application or later, after the L1 Visa holder has arrived in the U.S. For an L2 visa application outside the United States, each family member generally completes Form DS-160 and follows the U.S. embassy or consulate’s appointment and document requirements. Prepare passports, marriage or birth certificates, and evidence of the principal’s L1 petition approval and, where applicable, current status. Follow the Department of State visa application instructions and the intended embassy or consulate’s requirements.
Once an L2 visa is issued, the family member may travel to a U.S. port of entry to request admission in L2 status. The I-94 issued on admission records the approved classification and period of stay.
Applying for L2 Status or an Extension Inside the United States
Eligible family members already in the United States generally use Form I-539 to request a change to L2 status or an extension of their L2 stay. Form I-539A is used for additional eligible family members included in a qualifying filing. Follow the current form instructions and submit the required relationship, I-94 and principal L1 evidence. Approval changes or extends status in the United States; it does not issue a new visa stamp.
Rights and Privileges of L2 Visa Holders
L2 Visa holders enjoy several rights and privileges, including the ability to live in the U.S. while maintaining valid L2 status. Each family member must check their own I-94 admitted-until date. They can also study in any U.S. school or university, which applies to both children and spouses.
Eligible L2 spouses are authorized to work based on their valid L2 status, with acceptable employment-verification evidence.
It’s important to remember that the L2 Visa is dependent on the L1 Visa; if the L1 Visa is terminated, the L2 Visa is also affected.
Study and Work Authorization for L2 Visa Holders
L2 Visa holders can study in the U.S. without needing a separate student visa. This benefit applies to both children and spouses.
Eligible L2 spouses are authorized to work based on their valid L2 status, with acceptable employment-verification evidence. However, children on an L2 Visa are not eligible to work in the U.S.
L2S and Evidence of a Spouse’s Work Authorization
For Form I-9 employment verification, an unexpired Form I-94 showing L2S is acceptable as a List C document proving employment authorization. The spouse must also present a separate acceptable List B document proving identity. A visa stamp by itself does not establish the spouse’s current work authorization.
If the I-94 shows only L2 rather than L2S, that record alone is insufficient evidence of employment authorization. Check whether a correction or other acceptable DHS-issued evidence is needed. Contact CBP about an incorrect CBP-issued record, or USCIS about an incorrect USCIS-issued record.
Employers and spouses can check the USCIS L2 employment-verification guidance for acceptable documents.
Obtaining Employment Authorization Documents (EAD)
An eligible L2 spouse may optionally apply for an Employment Authorization Document (EAD) using Form I-765, Application for Employment Authorization. A valid EAD can serve as a List A document for Form I-9, proving both identity and employment authorization. It can be useful as an alternative document, but a spouse with valid L2 status and acceptable L2S evidence does not need an EAD to work. L2 children cannot obtain an EAD based on L2 child status.
Check the actual validity dates on the EAD and I-94 rather than assuming a two-year period. Continuing work authorization depends on maintaining eligible L2 status and having acceptable evidence of employment authorization.
Maintaining Legal Status in the US
Maintaining legal status in the U.S. is crucial for both L1 and L2 Visa holders. This means adhering to the terms of the visa.
For example, L1 Visa holders must continue to work for the sponsoring employer, while L2 Visa holders must maintain their relationship with the L1 Visa holder. Violating these terms can result in visa termination and possible deportation.
Each family member must track their own Form I-94 admitted-until date and continue to meet the conditions of L2 status. The spouse must remain eligible as a spouse, and children must remain unmarried and under 21. A child approaching 21 should plan their next immigration steps in advance.
The visa stamp’s expiration date is different from the authorized period of stay recorded on the I-94. A valid visa stamp does not allow a person to ignore an expired I-94. See what the visa expiration date means. If the principal’s employment or status ends, seek advice promptly about the family’s options, including any applicable grace period, another status or departure.
Visa Duration and Extensions
L1A status generally allows up to seven years in the United States, and L1B status up to five years, including extensions. An L2 family member’s approved stay is generally linked to the principal’s L1 status, but each person must check their own I-94. These maximum periods do not mean that every visa stamp or I-94 is valid for the full period.
Extensions are possible, but must be applied for in a timely manner. The employer’s L1 extension petition does not automatically extend the spouse’s or children’s L2 stay. Eligible dependants generally need their own Form I-539 extension request, with Form I-539A where applicable, filed before their I-94 expires. A pending extension application does not by itself extend an L2 spouse’s work authorization beyond the current I-94 end date. It’s important to note that the maximum duration includes extensions, and after reaching the maximum, the visa holder must leave the U.S. for at least one year before reapplying.
Travel and Re-entry on an L2 Visa
Before travel, check the passport, any required valid L2 visa and evidence of the principal’s continuing L1 eligibility. Discuss travel plans before leaving if an extension or change-of-status application is pending, because departure can affect the case. After each U.S. entry, check every family member’s new I-94 for the correct classification and admitted-until date. An extension approved inside the United States does not renew a visa stamp.
Adjusting to Permanent Residency
Employer-sponsored green card cases require a separate immigrant petition and other eligibility requirements. Other routes may be available to applicants who qualify. See our L1 visa to green card guide for the main application routes.
Eligible spouses and children may apply as derivative family members in the principal’s immigrant case when the requirements are met. The need to maintain L2 status while adjustment is pending depends on the case; a green card application does not automatically extend L2 status or L2 work authorization. Coordinate status, work and travel documents with an immigration attorney.
Taking the Next Steps in the L1 and L2 Visa Process
Navigating the L1 and L2 Visa process can be complex, but with the right information, it’s manageable. It’s crucial to understand the requirements, rights, and responsibilities associated with these visas.
For further assistance, consider consulting with an immigration attorney who can provide guidance tailored to your specific situation and help ensure a smooth immigration process.
Frequently Asked Questions (FAQ)
Can my family join me in the U.S. if I have an L1 Visa?
Yes, your immediate family members, including your spouse and unmarried children under 21 years of age, can join you in the U.S. on an L2 Visa while you hold an L1 Visa.
What is an L2 Visa and who is eligible for it?
The L2 Visa is designed for dependents of L1 Visa holders. Eligible individuals include the spouse and unmarried children under 21 years old of the L1 Visa holder.
Can L2 Visa holders work in the U.S.?
Eligible L2 spouses are authorized to work based on valid L2 status, with acceptable evidence such as an unexpired L2S I-94. L2 child status does not authorize employment.
Does an L2 spouse need an EAD before starting work?
An EAD is optional when the spouse has valid L2 status and acceptable employment-verification evidence. An unexpired L2S I-94 can establish work authorization for Form I-9 when presented with an acceptable List B identity document. A valid EAD can be used as an alternative.
How long can my family stay in the U.S. on an L2 Visa?
Each family member must check their own I-94 admitted-until date and remain eligible for L2 status. An L1 extension does not automatically extend the dependants’ stay. Eligible dependants generally request an extension using Form I-539 and, where applicable, Form I-539A.
What rights do L2 Visa holders have in the U.S.?
L2 Visa holders can live in the U.S. and study in schools or universities while maintaining valid L2 status. Eligible spouses are authorized to work based on that status, with acceptable employment-verification evidence; L2 child status does not authorize employment. Their status is dependent on the L1 Visa holder’s status.
Can L2 Visa holders become permanent residents?
Yes. Eligible spouses and children may qualify as derivative family members in the principal’s immigrant case when the requirements are met. Permanent residence is not automatic. The family should coordinate its status, work and travel documents with the green card process rather than assume that L2 status must always be maintained until adjustment is complete.
What happens if the L1 Visa holder’s status ends?
If the principal’s L1 status ends, the family’s L2 eligibility is affected. Seek advice promptly about any applicable grace period, eligibility for another status or departure. The visa stamp’s expiration date is different from the authorized stay recorded on the I-94; it does not by itself determine when the family must leave.
Summary: Key Points for L1 and L2 Visa Holders
If you hold an L1 Visa or are a dependent considering the L2 Visa, keep in mind the following:
- The L1 Visa is intended for intracompany transferees, specifically executives, managers, or employees with specialized knowledge, and comes in two types: L1A (up to 7 years) and L1B (up to 5 years).
- Immediate family members (spouse and unmarried children under 21) may join the L1 Visa holder in the U.S. on an L2 Visa, which allows for study and, for spouses, work authorization.
- Maintaining legal status is critical, and both visa types are interdependent; any change in the status of the L1 Visa holder directly impacts L2 dependents.
- L2 child status does not authorize employment. Eligible spouses can work based on valid L2 status and acceptable evidence; an EAD is optional when the spouse has acceptable L2S evidence.
- Check each family member’s I-94 and plan extensions and travel separately. The principal’s extension does not automatically extend the dependants’ stay, and children must remain unmarried and under 21 for L2 child status.
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