Global Immigration Partners, PLLC
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. In some cases, L2 Visa holders can also obtain work authorization, allowing them to work legally in the U.S.
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.
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. The process involves submitting Form I-539, Application to Extend/Change Nonimmigrant Status, along with proof of relationship to the L1 Visa holder.
Once the application is approved, the L2 Visa holder can join the L1 Visa holder in the U.S.
Rights and Privileges of L2 Visa Holders
L2 Visa holders enjoy several rights and privileges, including the ability to live in the U.S. for the same duration as the L1 Visa holder. They can also study in any U.S. school or university, which applies to both children and spouses.
Spouses of L1 Visa holders can also apply for work authorization, allowing them to work legally in the U.S. 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.
Spouses can additionally apply for work authorization, permitting them to work legally in the U.S. However, children on an L2 Visa are not eligible to work in the U.S.
Obtaining Employment Authorization Documents (EAD)
To work legally in the U.S., L2 Visa holders must obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). The application process involves submitting Form I-765, Application for Employment Authorization.
Once approved, the EAD is valid for two years and must be renewed every two years for continued 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.
Visa Duration and Extensions
The duration of the L1 Visa depends on its specific type: L1A Visas are valid for up to seven years, and L1B Visas for up to five years. L2 Visas are valid for the same duration as the corresponding L1 Visa.
Extensions are possible, but must be applied for in a timely manner. 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.
Adjusting to Permanent Residency
L1 Visa holders may be eligible to adjust their status to permanent residents (Green Card holders), though this process is complex and requires careful planning. The L1 Visa holder must be sponsored by their employer for an immigrant visa before applying for adjustment of status.
Family members on L2 Visas can also adjust their status at the same time, but must maintain their L2 status until the adjustment process is complete.
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.?
Spouses of L1 Visa holders can apply for work authorization and legally work in the U.S. However, children on an L2 Visa are not eligible to work.
How long can my family stay in the U.S. on an L2 Visa?
L2 Visas are valid for the same duration as the L1 Visa. The stay can be extended, but the total period cannot exceed the maximum allowed for the corresponding L1 Visa type.
What rights do L2 Visa holders have in the U.S.?
L2 Visa holders can live in the U.S., study in schools or universities, and spouses can apply for work authorization. Their status is dependent on the L1 Visa holder’s status.
Can L2 Visa holders become permanent residents?
Yes, family members on L2 Visas may adjust their status to permanent residency if the primary L1 Visa holder is sponsored for a Green Card. They must maintain their L2 status until the adjustment is complete.
What happens if the L1 Visa holder’s status ends?
If the L1 Visa is terminated or expires, the dependent L2 Visas are also affected, and family members may need to leave the U.S. unless they change to another valid visa status.
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.
#L1Visa #Business Immigration #Business Lawyer #Immigration Law #L1 Visa #US Immigration
