How the L-2 Visa Process Works
- Complete the DS-160 Online Application. The DS-160 Online Nonimmigrant Visa Application. ...
- Pay the Application Fee. You will need to complete your DS-160 with an application fee. ...
- Schedule Visa Appointments: Interview and Biometrics. ...
- Submit L-2 Visa Documents. ...
- Attend the Biometrics Appointment. ...
- Attend the L-2 Visa Interview. ...
How long does it take to receive L2 EAD?
You can always apply for a loan even if you are a visa holder. The processing times for L2 EAD applications vary from one service center to the other. Generally, however, the L2 EAD processing time is between 60-90 days for the USCIS to reach a decision regarding your application.
Can I work without an EAD with a L2 visa?
USCIS: Spouses of L-2 Visa Holders Can Work in the U.S. Without First Applying for a Work Permit (EAD) | Nolo USCIS Finally Agrees That L-2 Spouses of L-1 Visa Holders Can Work in the U.S. Without First Applying for a Work Permit (EAD)
Can I apply for L2 visa and EAD together?
That way i can risk applying L2 COS and EAD together with L1 extension of my spouse. Else I will wait for my spouse L1 to be stamped which will be premium and then apply L2+EAD together. Chances of both L2 COS and L2 EAD getting approved at same time are good.
Does a person on L2 need EAD?
Under the settlement agreement, L-2 spouses will not need a separate EAD and can search for employment in the US while the transfer is in process and accept employment upon arrival. Expect to see USCIS issue regulatory guidance affecting this change in the near future.
Does L-2 need to apply for EAD?
As part of the settlement, on November 12, 2021, the USCIS announced that E and L2 spouse visa holders are no longer required to apply for an employment authorization document (EAD) to work in the United States by virtue of holding L2 or E status.
How long will it take to get EAD for L-2 visa?
It can take anywhere from 60 to 90 days for processing of the L2 EAD applications after RFE response was submitted.
What is the eligibility category for L-2 EAD?
H4 EAD category code is C(26) L2 EAD category code is A(18). Recently, USCIS made the changes to allow L2-dependent work just with the use of L2 i94. No need to apply L2 EAD using form i765 separately....USCIS EAD Category Codes.CodeEAD Code Eligibility180-Day Automatic Extension?A11Deferred Enforced Departure (DED)N50 more rows
Can I apply for L-2 EAD from India?
EAD is only needed while one is present in the USA, one does not need it if in India.
Who can apply for L-2 EAD?
The United States Citizenship and Immigration Services (USCIS) defines “eligible L-2 dependents” as immediate family members, namely a legally married spouse and unmarried children under the age of 21.
Can we apply L-2 EAD in premium?
The good news is that premium processing for EADs (H4 and L2 EAD included) will cost $1500 to get approval within 30 days. This is much better than filing court litigations or losing a job.
How long it takes for EAD approval?
60-90 daysIt usually takes 60-90 days to process and approve the EAD application after you have submitted an RFE response to USCIS.
Does L-2 visa need EAD for USCIS?
As per the New EAD Policy a spouse on an L-2 visa (as well as dependent spouses of E visa holders) automatically authorized to work. They do not need to wait for an Employment Authorization Document, aka an EAD card. Evidence of entering the U.S. in L-2 status is sufficient for employment eligibility.
Can I work in USA without EAD?
It is a way to prove that you are lawfully allowed to work in the United States for a specific period of time. If you are not a U.S. citizen or lawful permanent resident, you will need to obtain an EAD to work in the U.S.
How long does L-2 visa processing take?
about 30 daysOn average, the L-2 visa processing time takes about 30 days after completing the application appointments and submitting the required documents.
How to renew an EAD?
Renew an EAD. If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved.
What is an EAD?
Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are allowed to work in the United States for a specific time period . To request an EAD, you must file Form I-765, Application for Employment Authorization. You will need to apply for an EAD if you:
What to do if I lost my EAD?
If your EAD is lost, stolen or destroyed, you may request a replacement EAD by filing a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. If you did not receive an EAD that USCIS mailed, you can submit an inquiry on non-delivery of a card. The card containing the error.
What are the requirements for employment authorization?
Are required to apply for permission to work; in other words, you need to request employment authorization itself. For example:#N#You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status.#N#You have a pending Form I-589, Application for Asylum and for Withholding of Removal.#N#You have a nonimmigrant status that allows you to be in the United States but does not allow you to work in the United States without first seeking permission from USCIS (such as an F-1 or M-1 student). 1 You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status. 2 You have a pending Form I-589, Application for Asylum and for Withholding of Removal. 3 You have a nonimmigrant status that allows you to be in the United States but does not allow you to work in the United States without first seeking permission from USCIS (such as an F-1 or M-1 student).
What is an asylee, refugee, or U nonimmigrant?
Are authorized to work in the United States because of your immigration status (for example, you are an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization, or. Are required to apply for permission to work; in other words, you need to request employment authorization itself. For example:
What is the pending form for permanent residence?
You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status.
Where do I submit my I-765?
Submit this information to the service center or National Benefit Center that approved your latest Form I-765.
How long is an L2 visa valid?
That is, up to 7 years in the case of dependents of L1A visa and up to 5 years in the case of dependents of L1B visa. L-2 visa holders are allowed to travel in and out of the U.S. provided their L2 visa status and L2 visa stamp remain valid.
What is the advantage of L-2 visa over H-4?
The major advantage of L-2 dependent visa over H-4 dependent visa is that L-2 visa spouse is allowed to work in the U.S. once Employment Authorization Document (EAD) is filed with the USCIS and is approved. Once you get EAD card, you should go to the Social Security office and apply for a Social Security Number if you already don’t have one. An L-2 visa holder with EAD can do any legal job or business anywhere in the U.S., part-time or full-time, off-line or on-line, or from home or remotely. They can work in high tech, a grocery store, a restaurant, or whichever legal business they want to work in. In other words, an L2 visa EAD allows “open market” employment authorization. An L-2 visa holder spouse can not work in the U.S. before getting the EAD approved.
Can a spouse of a L2 work in the US?
An L-2 visa holder spouse can not work in the U.S. before getting the EAD approved. EAD for L2 spouse is valid up to 2 years at a time. EAD can be renewed as long as the person remains in the valid L-2 status. EAD application can be filed on its own or along with Form I-539, Application to Extend or Change Nonimmigrant Status.
Can dependents change from H-1 to L-1?
If the primary visa holder changes the status from H-1 visa to L-1 visa, the dependents are allowed to change the status from H-4 visa to L-2 visa.
Can dependent children file for EAD?
Additionally, don’t expect that prospective employer to file your EAD. They have nothing do with it, and you have to file it yourself. Dependent children on L2 visa are NOT eligible to apply for EAD.
Do you have to have dependents and spouse for visa interview?
It is recommended (but not required) that the spouse and dependent children go for their visa interview at the same time as the principal applicant.
What is the advantage of L-2?
A significant advantage of L-2 status is the ability to work by obtaining employment authorization documents (EAD). The L-2 visa process for an EAD card involves filing the appropriate documents with USCIS. From there, after obtaining your EAD card you’ll need to go to the Social Security Office to get your SSN.
What If My Case L-2 Is Pending After the Interview?
This is generally referred to as “pending for administrative processing.” In this case, you may be required to provide additional information. If your case is subject to administrative processing after the interview, you will be told what to do. And if additional information is requested, be sure to provide the required items before the deadline given to you.
How long does it take to get a visa?
The embassy will need to hold on to your passport after the interview and you will be told when you will receive the passport containing the valid L-2 visa, which you will use to travel to the United States. The wait time between your interview and when you will receive your visa is usually within 10 business days. Once you receive your visa, you can begin plans to travel to the U.S.
Can a spouse apply for an L-2 visa?
Just like many other dependent visa categories, the L-2 visa has a straightforward application process. It’s often best that spouses and children, L-2 beneficiaries, process their visas at the same time as the L-1 applica nt. The process will likely be easier as there will be fewer hurdles in proving that a genuine family relationship exists between you. The following are steps to applying for an L-2 visa:
Can I change my L-2 visa to H-4?
L-2 visa holders can change their status to B-1, B-2, H-1 or H-4, assuming they meet the eligibility requirements for each. In order to request a change of status or extension of stay under L-2 status, while in the U.S., the relatives may apply together on Form I-539 Application to change or extend nonimmigrant status.
Do L-1 spouses have payslips?
Some copies of L-1 spouse’s salary payslips (if he or she is already working in the U.S.)
Can a L-1 worker be a dependent?
In most cases, an L-2 visa is granted if the L-1 worker and his/her dependents meet the requirements. Based on USCIS regulations, the parents of L-1 holders are not considered dependents (for L-2 dependent visas) even if the L-1 holder is their primary caretaker.
When is the bar on EAD eligibility for asylum?
The bar on EAD eligibility for asylum applicants subject to the one-year filing bar for asylum, applicable to a Form I-765 based on an asylum application filed on or after Aug. 25, 2020;
What is the LRIF number on the I-765?
Note to LRIF Applicants: If you are filing Form I-765 as an adjustment of status applicant based on Liberian Refugee Immigration Fairness (LRIF), you should write “ (c) (9)” as your eligibility category in Part 2, Item Number 27 on your Form I-765. See our LRIF page for more information on adjustment of status based on LRIF.
What do I need to file an I-765?
To file your Form I-765 without the biometric services fee, you must include documentary evidence of your membership in CASA or ASAP in the form of: a copy of your membership card, indicating your name and member ID number, if any; or. a letter from either organization certifying your membership.
What is the bona fide determination process for nonimmigrant status?
Alert: On June 14, 2021, USCIS implemented a bona fide determination process for U nonimmigrant status principal petitioners and qualifying family members. Under this process, if you live in the U.S., you may receive employment authorization and deferred action if you have a pending bona fide petition for U nonimmigrant status (Form I-918) and warrant a favorable exercise of discretion. USCIS will evaluate any qualifying family members’ petitions once the principal petitioner receives employment authorization and deferred action. If you have not yet filed an accompanying application for employment authorization (Form I-765) and we determine your pending Form I-918 petition is bona fide, we will issue you a notice informing you to file a Form I-765. Please follow the instructions provided in that notice to file a Form I-765 associated with the bona fide determination. For more information on the bona fide determination process, please visit the USCIS Policy Manual.
How long does it take for USCIS to reject an I-765?
Removal of the rule deeming a Form I-589, Application for Asylum and for Withholding of Removal, complete if USCIS does not reject it within 30 days of receipt.
When do I need to submit I-765?
For applicants submitting Form I-765 requesting an initial employment authorization document under category (c) (8), Applicant for Asylum and for Withholding or Removal, after Aug. 25, 2020, a biometric services fee of $85 is required, unless you are a CASA or ASAP member (see the “Update: Preliminary Injunction Impacting CASA and ASAP Members” section below). If you would have been eligible to submit Form I-765 under category (c) (8) before Aug. 25, 2020, based on your new receipt date under Vangala, the biometric services fee is not required.
Can I apply for employment authorization based on deferred action?
We can only approve an application for employment authorization based on deferred action after DHS has deferred action in your case, regardless of when you file Form I-765.
