The L1 visa and L2 Visa allow their holders to live in the USA for a certain period of time. The former is for an individual blessed with high skills and extensive knowledge while the latter is for their dependents. Guidance of a renowned immigration specialist is a must for all prospective US immigrants.
What is an L2 visa?
L2 visas are also known as L1 dependent visas granted to the spouses and dependents of L1 visa holders. Who is it for? The eligible family members are the spouse and children of the L1 visa holder. The dependent children’s age should be below 21 years. What can you do with it? Live legally in the U.S. on a temporary basis.
What is the difference between L1a and L1b visa?
L1A visas are for persons who will work in a managerial or executive capacity and L1B visas are for those who will work in a capacity that involves “specialized” knowledge. In addition, certain relatives of L1 visa beneficiaries may be eligible for derivative L2 visas.
What are the different types of L-1 visas?
The L-1 visa has two categories based on the position that is to be occupied by the employee. The two types are the L-1A and L-1B: L-1A for Executives and Managers: This L-1 nonimmigrant category, as the name implies, is meant for employees who are executives or managers of a multinational company.
Can I Change my L2 visa to L1a?
The L2 visa is a dependent visa type. Though changing from one visa to another is a hurdle in the United States, it is not so difficult even. If you qualify for the eligibility requirements of an l1a visa, you are eligible to apply for this visa type separately.
Can a person with L2 visa work in USA?
L-2 and E dependent spouse visa holders will now automatically be authorized to work in the United States upon being admitted into the US by Customs and Border Protection (CBP).
Who is eligible for L2 visa?
The Visa document that is needed by the spouse of the dependent to enter the United States of America is known as the L2 Visa. With the help of this particular Visa document, unmarried children of the qualified L1 Visa owners, who are below the age of 21 years, can enter the United States of America.
What is meant by L1 visa in USA?
L-1A and L-1B visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States. The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.
Who is eligible for L1 visa?
Under U.S. immigration law, a worker qualifies for an L-1 visa if the person has been employed outside the U.S. by the sponsoring company for at least one continuous year out of the past three years, and is being transferred to the U.S. to work as a manager, executive, or specialized knowledge worker.
Can my wife work on L-2 visa?
As part of a settlement agreement with spouse-dependent visa holders, USCIS announced that L-2 spouses would be authorized to work as a matter of status, upon entry to the U.S.
Can L-2 apply for green card?
Can L2 visa holders apply for a Green Card? L-2 visa holders can also apply for a Green Card by being included in the primary L-1 visa holder's application to adjust status.
How long is L-1 visa valid?
An L-1 visa extension can be granted in two-year increments at a time up to the maximum duration for each visa category. The L-1A visa for managers and executives has a maximum period of stay of seven years while the L-1B visa for workers with specialized knowledge has one for five years.
Is L-1 visa difficult to get?
However, despite all of these benefits, the L-1 is not the easiest work visa to obtain. This is because the USCIS is becoming stricter with who qualifies as a manager, executive, or employee with specialized knowledge. The L-1A category is for managers and executives.
Which visa is better L-1 or H1B?
H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.
How much does an L-1 visa cost?
To apply for your L1 visa, you are required to File a Form DS-160 with the Department of State. The filing fee for a DS-160 for an L1 visa is $190 per applicant. The L1 beneficiary is responsible for paying this fee (L1 worker).
Can L-1 apply for green card?
In order to go from an L-1 visa to a green card, you must apply for and get approved for any one of these immigrant visa classifications. Specifically, you'll need to get approved for an immigrant petition with the USCIS through Forms I-130 or I-140 and adjust status by filing a Form I-485.
Can your spouse work on L-1 visa?
Spouses and Dependents Can Work If you are in the U.S. on L-1 status, you will be able to bring your spouse and children along with you through the L2 visa. Also, if they qualify for Employment Authorization Documents, they will be able to work in the U.S. as well.
What is L-2 visa type?
An L2 visa is a non-immigrant temporary visa that lets you enter the U.S. with your spouse or relative. With this visa, dependents of the primary applicant become eligible to enter and stay in the country.
Can L-2 stay in US without L1?
You can stay in L-2 status only as long as your spouse continues to maintain L-1 status. You could apply to change your status to B-2 visitor.
Can I work on L-2 visa without 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.
Can we apply L1 and L-2 together?
Spouses and children of L1 visa holders are eligible to apply for L2 visa, allowing them to enter and stay in the United States for the duration of the L1 visa holder's status. L2 visa application may be submitted with the spouse's L1 visa application if all family members are applying simultaneously.
What is an L2 Visa?
L2 visas are also known as L1 dependent visas granted to the spouses and dependents of L1 visa holders.
What is the Processing Time for the L2 Visa?
Usually, the processing time for the L2 visas is from 15 days to 1 month. However, it basically depends upon the workload of the Embassy and other...
What is the validity of an L2 visa?
The initial period of stay for L-1 visa holders is three years with the option to extend the stay until the total validity has been reached. If you...
What is an E2 visa?
An E2 visa is a non-immigrant visa. It doesn’t provide a straightforward process for a visa holder to obtain a green card. However, with an e2 visa...
What is a TN Visa?
The North American Free Trade Agreement (NAFTA) TN visa is a non-immigrant visa. Through this TN visa, Canadian and Mexican citizens work in a qual...
What is an L1 visa?
The L1 nonimmigrant visa category is for intracompany transferees. A qualifying organization (for L1 purposes) may petition to transfer an employee from overseas to a parent, branch, subsidiary, or affiliate in the United States. There are two categories for beneficiaries. L1A visas are for persons who will work in a managerial or executive capacity and L1B visas are for those who will work in a capacity that involves “specialized” knowledge. In addition, certain relatives of L1 visa beneficiaries may be eligible for derivative L2 visas. This article will provide an overview of general requirements for L1 and L2 petitions. To learn more about the requirements particular to L1A visas, please follow this link. To learn more about the requirements particular to L1B visas, please follow this link.
What is a qualifying organization for L1 visa?
Regulations found in 8 C.F.R. § 214.2 (l) (G) define a “qualifying organization” for purpose of acting as an L1 visa petitioner. The regulations explain that a qualifying organization is a United States or foreign firm, corporation, or other legal entity which: 1.
How long can an L1 visa be approved?
An L1A or L1B visa may approved initially for 3 years. 25 Consular officers may limit the validity of an L1 visa to less than the period of validity of the approved petition or authorized period of stay [9 FAM 41.54 N20.2]. However, an initial limitation on the period of validity of L-1 status does not preclude the reapproval of L1 status. In the case that the petitioner is a “new office” (defined as having done business in the United States for less than 1 year), the initial L1 approval may not be in excess of 1 year [9 FAM 41.54 N11.1]. If USCIS is satisfied that the new office is doing business in the United States and the beneficiary is still qualified, the petition may be reapproved in 2-year increments.
How long can you serve on an L1A visa?
An L1A visa beneficiary who is serving in a managerial or executive capacity shall not be authorized for admission in excess of 7 years on L1 status [INA § 214 (c) (2) (D) (i)]. An L1B visa beneficiary who is serving in a capacity that involves specialized knowledge shall not be authorized for admission in excess of 5 years on L1 status [INA § 214 (c) (2) (D) (ii)]. Time spent outside of the United States may be recaptured and added to the 5 or 7 year period of authorized stay. 26
What is the INA section for L1?
Sections 101 (a) (15) (L) and 214 (c) (2) of the Immigration and Nationality Act (INA) list the general statutory requirements for eligibility for an L1 (both L1A and L1B) and L2 visa.
Is a nonimmigrant visa a L1?
Despite L visas being nonimmigrant visas, the presumption of immigrant intent found in INA § 214 (b) is inapplicable to beneficiaries of L visa petitions. 5 An L1 petition is approvable even if the intended beneficiary has a pending application for lawful permanent resident (LPR) status. 6
Can an L1 beneficiary travel without a grant of advance parole?
An L1 beneficiary with a pending adjustment of status application may travel without a grant of advance parole and not jeopardize the adjustment of status petition if he or she demonstrates that upon return, employment with the petitioning L1 employer will continue, and that he or she is still in possession of a valid L1 visa. 30 L2 dependents with pending adjustment of status applications may also travel without a grant of advance parole if the same conditions [still in L1 status with a valid L1 visa] for the L1 principal exist. 31 An L1 who reenters on advance parole and still has a valid L1 petition may apply for an extension of stay, and if approved, will have parole terminated and be admitted on L1 status. 32 Furthermore, if an L1 reenters as a parolee and resumes L-1 employment as a parolee, he or she will not be considered to have engaged in unauthorized employment. 33
What is an L-1A visa?
The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.
How long is an L1A visa valid?
L1A visas are issued for up to 1 year for start-ups and 3 years for existing companies. The L-1A visa is valid for up to 7 years, with extension.
What is an L-1?
L-1 is a nonimmigrant classification whereby intracompany transferrees can work in the United States. L-2 is for dependents. In international company, say IBM or Starbucks, can transfer a foreign executive to an office in the United States.
How long can an employee stay in the US?
The maximum initial stay for employees entering the US to establish a new office is 1 year.
How long do you have to work abroad to be eligible for a 401(k)?
Employee must have worked in the same company abroad, for at least one continuous year prior to the transfer within the previous three years.
Can a spouse of a L1 visa work in the US?
Spouses of L1 visa holders (L2 visa holders) are allowed to work in the US without restriction.
Can a spouse be accompanied by a child on a L-2 visa?
The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.
What is an L-1A visa?
The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.
What is L-1B nonimmigrant classification?
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.
What is the classification of L-1A?
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S.
How long do you have to work abroad to get into the US?
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
What is an L2 visa?
An L2 visa is a non-immigrant temporary visa that lets you enter the U.S. with your spouse or relative. With this visa, dependents of the primary applicant become eligible to enter and stay in the country.
How to Apply for the L2 Visa?
In order to apply for the L2 status visa, the required steps to apply for the visa are mentioned below:
What are the Eligibility Requirements for an L2 Visa?
In order to apply for the L2 visa, the eligibility requirements according to immigration law for spouses and children are:
What is the Processing Time for the L2 Visa?
Usually, the processing time for the L2 visas is from 15 days to 1 month. However, it basically depends upon the workload of the Embassy and other factors.
What is a visit visa in Kansas?
Visit Visa: Travel for leisure or business to any part of the world with Kansas.
Who is eligible for family members on a L1 visa?
The eligible family members are the spouse and children of the L1 visa holder.
Can a L1 visa holder work with a green card?
Therefore, if the L1 visa holder applies for employment with the green card, the dependents will be allowed to join along by submitting the required relevant documents.
How long is an L1A visa good for?
L1A visas for executives and managers are initially granted for 3 years (if transferring the employee to an existing US office) or 1 year if the US office has been established for less than one yeare extendable in 2 year increments to a maximum of 7 years.
How old do you have to be to get a L2 visa?
L2 spouses must be legally married to the L1 visa holder, and L2 children must be unmarried and under the age of 21.
How long are L2 EADs valid?
L2 EADs are valid for 2 years, and can be renewed indefinitely as long as the applicant retains their valid L2 visa status.
Can L2 spouses work in the US?
L2 spouses. L2 spouses can apply for a US work visa by applying for an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization with United States Citizenship and Immigration Services (USCIS). Once an EAD is approved L2 spouses can work in any job role in the US, including self-employment.
Can a L1 parent get an L2 visa?
Unfortunately the rules on L2 family members are very strict, Only legally married spouses and unmarried children under the age of 21 of the principal L1 applicant can gain L2 visa status.
Can a L1 visa holder travel to the US?
Parents, grandparents, and other family members of the prinicipal L1 visa holder cannot enter the US on an L2 visa, but may be able to visit on a B2 visitor visa.
Can L2 children work in the US?
Unfortunately L2 children cannot work in the US.
What is an L2 visa?
L2 visas are also known as L1 dependent visas. These visas are granted to the spouses and dependents of L1 visa holders. An L2 visa is a non-immigrant visa, but despite this, you still enjoy a wide variety of benefits in the time you are in the U.S. We’ll take a look at these in more detail below.
How long is an L2 visa valid?
As mentioned before, the validity of an L2 visa is dependent on the validity of the L1 visa to which it is connected. The L2 visa is valid for as long as the L1 visa is valid. The dependents of an L1-A visa holder may stay in the U.S. for 7 years. Dependents of an L1- B visa holder may stay in the U.S. for 5 years. Your L2 visa will expire as soon as the L1 visa expires.
What is a dependent visa?
Truly dependent visas are given to people who are dependent on someone in line for a U.S. visa. This includes a spouse or children who are under the age of 21 (and still dependent on the primary visa holder).
What is visa stamping?
Visa stamping is where the visa is endorsed in your passport.
How long does it take to get out of status after a visa extension?
Don’t worry, you won’t go out of status as long as the decision to extend your visa is still pending with the USCIS or until 240 days have passed.
How long does it take to get a L2 visa?
You can apply for a personal loan to help you out even if you are a visa holder. The processing time for an L2 visa can take up to 30 daysorand even longer.
Can a parent with an L1 visa be an L2 dependent?
L2 Ineligible Dependents. Parents of an L1 visa holder are unfortunately not eligible for an L2 visa. Even if you as the L1 visa holder are the primary caretaker of your parents, it will still not qualify your parents to be eligible for an L2 visa.
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.
What is the E-2 Visa?
The E-2 visa is also nonimmigrant classification which allows nationals of any of these foreign countries that maintain treaty of commerce with the U.S to enter the U.S. mainly to invest a substantial amount of capital in a U.S. enterprise. It can be applied to two groups of people, which are E-2 treaty Investor and E-2 treaty employee.
What is an L-1A?
L-1A for Executives and Managers: This L-1 nonimmigrant category, as the name implies, is meant for employees who are executives or managers of a multinational company. It allows the company to transfer this category of employee to its affiliated U.S. office to serve in an executive or managerial role. A multinational company without an existing branch or location in the U.S., but that is in the process of starting one, may also be allowed under this L-1A category. The company could send executives and managers to the U.S. under a one-year visa for the purpose of starting a new branch.
What is an E-2 investor?
E-2 Treaty Investor: The E-2 treaty investor refers to the individual seeking to invest a “substantial capital” in the country in a U.S. enterprise which he/she will develop and/or control. The investment could be a newly established business or already existing but newly purchased by the investor.
Is it enough to meet the requirements for a particular visa classification?
It is not enough to meet the requirements for a particular visa classification, it is equally important to know the best path to choose among many options available for you. Immigration law processes are often complex and full of filing and forms. This is why you need an expert in the immigration law to guide you.
Is a L-1 visa different from a regular visa?
Each visa application has some uniqueness that makes it distinct from other types, and the L-1 visa is no different. The features that distinguish the L-1 visa include:
Can an E-2 investor work in another company?
As an E-2 treaty investor or employee, you may only be permitted to work according to the activity that you were approved for at the time you were granted the classification. If you want to work somewhere else, it must be with a parent company or a subsidiary of the E-2 organization under which your classification was granted in the first place.
Can I file an I-539 if I am already in the US?
If they are already in the U.S., they may file a single I-539 to seek for change or extension of status. Your spouse also has the opportunity to file the I-765 for for work authorization, which if granted, will allow him or her to be gainfully employed without any restriction as to where he or she may work in the U.S.
Introduction
Statutory and Regulatory Requirements For Beneficiaries
- Sections 101(a)(15)(L) and 214(c)(2) of the Immigration and Nationality Act (INA) list the general statutory requirements for eligibility for an L1 (both L1A and L1B) and L2 visa. In order to be eligible for an L1 visa, an alien must: have been employed continuously by the petitioning entity (firm, corporation or other legal entity or an affiliate or subsidiary thereof) continuously for one ye…
Statutory and Regulatory Requirements For Petitioners
- Regulations found in 8 C.F.R. § 214.2(l)(G) define a “qualifying organization” for purpose of acting as an L1 visa petitioner. The regulations explain that a qualifying organization is a United States or foreign firm, corporation, or other legal entity which: 1. Meets exactly one of the qualifying relationships as a parent, branch, affiliate or subsidiary; 2. Is or will be doing business (engagin…
Application Process
- The petitioner must file a Form I-129, Petition for Nonimmigrant worker, on behalf of the intended beneficiary. When a petitioner is filing a Form I-129 for an employee for whom it has not filed a petition for before, the petitioner must submit a $500 fraud prevention and detection fee.19 Petitioners that have 50 or more employees with over 50% of the employees being L1s or H1Bs …
Approval and Change Or Adjustment of Status
- An L1A or L1B visa may approved initially for 3 years.25Consular officers may limit the validity of an L1 visa to less than the period of validity of the approved petition or authorized period of stay [9 FAM 41.54 N20.2]. However, an initial limitation on the period of validity of L-1 status does not preclude the reapproval of L1 status. In the case that the petitioner is a “new office” (defined as h…
Conclusion
- This article explains general requirements that apply to both L1 beneficiaries and petitioners, information about the application process, and information about the length of stay and adjustment and change of status for L1 and L2 beneficiaries. Assuming that all of these requirements are met, the next step is to determine whether the intended relationship between t…
Resources and Materials
- Kurzban, Ira J. Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool. 14th ed. Washington D.C.: ALIA Publications, 2014. 997-1001, 1005-1008, Print. Treatises & Primers.
Establishing New Offices
L-1A Classification
- The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. Your e…
to Qualify, You Must
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
L-1B Classification
- The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to th…