L2 Visa for Dependent of L1 Visa Holders in the USA

Eligibility Requirements for L2 Visa

The L-2 visa is for eligible family members of L-1 visa holders. The L-1 visa allows a company to transfer a manager, executive or employee with specialised knowledge to a qualifying U.S. office. If your spouse or parent is applying for an L-1 visa, you can apply for your L-2 visa at the same time or apply later to join them in the United States.

You can apply for an L-2 visa if you are either:

• The spouse of an L-1 visa holder
• The unmarried child under the age of 21 of an L-1 visa holder

Unmarried partners, siblings, grandparents and other relatives do not qualify for an L-2 visa. Your L-2 status depends on the principal worker maintaining L-1 status. If they switch to another immigration category, you will need to qualify for a status that allows you to stay in the U.S.

If you want to visit family in the United States, you may be eligible for a B-2 visitor visa. Get in touch to discuss which route fits your circumstances.

What Documents Do You Need for an L-2 Visa From the UK?

Each family member applying from the UK should complete a separate Form DS-160 and gather documents showing their relationship to the L-1 worker. Check the instructions for your visa appointment and prepare:

• A valid passport and the DS-160 confirmation page for each applicant
• A visa photo for each applicant, with a printed copy if the upload fails or the consulate requests one
• The visa fee payment receipt, if you were required to pay in advance
• The principal applicant’s L-1 petition or approval details and a copy of the relevant paperwork, if available
• A marriage certificate for a spouse or a birth certificate for a child
• Any additional documents requested for your visa appointment

If you are joining the L-1 worker after they have moved to the United States, include up-to-date evidence of their L-1 status and employment. A recent letter from their employer can help confirm that they are still working in the qualifying role. If names differ across passports, certificates or other records, bring the relevant civil documents to explain the difference.

The L2 visa application fee is $205.00 to submit form DS-160. You may have to pay additional fees depending on where you apply from.

You can request Premium Service to process your application within 15 days. The fee for 1-907 (premium processing) is $2,805, paid on top of your visa application fees.

The L2 Visa processing time is typically 6-10 weeks, but can depend on how quickly you can get an appointment.

The L-2 Visa is the only available dependent visa for L-1 Visa holders, and is designed specifically for them. It is comparable to and offers similar benefits to the H-4 Visa for dependents of H1-B Visa holders and the J-2 Visa for dependents of J-1 Visa holders. Here’s how they compare:

• Work authorisation is available and automatic for L-2 Visa holders, while it is conditional for H-4 Visa holders and is more complex for J-2 Visa holders
• Potential transition to permanent residency if main visa holder applies is good for L-2 and H-4 Visa holders, but more complicated for J-2 Visa holders.

An L-2 Visa is the best option for L1 dependents. However, if you do not apply for an L-2 Visa, you may find alternatives in the:

•  B-2 Visa for tourists to stay with their families temporarily. You will not be able to work
• F-1 Visa for studying in the US. You can apply independently of the L-1 Visa.

The L-2 Visa can be extended. You must account for any delays to your sponsor’s visa extension. There are three common options.

The most stress-free and easiest option is:

• To file an extension request (Form I-539) simultaneously with your partner

If your partner applied separately, there may be other options such as:

• If your partner’s (the L-1 Visa holder) application is pending, new USCIS policy changes may mean an automatic extension to your application as long as they file on time. This does not apply to children.
• If your partner’s application is pending approval, you may leave the US and re-enter once it has been approved. You will typically be granted the same renewal terms as your partner.

The L2 Visa allows spouses to work, but not the children.

In the U.S. an EAD (Employment Authorization Document) must be obtained before you can seek employment, so this must be applied for. This is an L2 visa work permit. Note that an EAD is only valid for two years but it can be extended as many times as you wish, as long as your L2 visa is valid.

If your EAD is approved, you need to then apply for a Social Security Number (SSN), which is a document that is requested by U.S. employers.

With an EAD and an SSN, you will be able to apply for part-time or full-time jobs at any U.S. company. This is referred to as ‘open market employment authorization’ by the USCIS.

You can stay in the U.S. for as long as the main L1 Visa holder (your parent or spouse) holds a valid visa. In other words, your L2 Visa will last for the same duration as the L1 Visa holder’s L1 Visa lasts. In general, an L1 Visa is valid for up to three years.

Can the L2 Visa be extended?

The L2 Visa can be extended if the L1 Visa is extended, and in most cases, an L1 Visa extension will lead to an L2 Visa extension.

The length of time an L2 Visa can be extended for is determined by the time an L1 can be extended for, which depends on the type of L Visa it is. The L1 extension time is a maximum of five or seven years.

Note that when the L1 Visa expires, the L2 Visa holder has to return to their home country as well.

In order to apply for a new visa, you need to spend at least 12 months outside the U.S., which is the same for both L1 and L2 visas.

If you wish to continue your time in the U.S., you might be able to follow another visa route while your current L2 Visa is still valid.

Yes, in general you can switch from the L2 Visa to another visa category. Depending on your circumstances and wishes, you could switch to the F1 Student Visa, H4 Work Visa, or even the L1 Visa if you meet the requirements.

Another route forward that may suit your circumstances is that if you have an EAD and are working for a company, you could request your employer to sponsor you for the H1B Visa.

Note that if your L1 Visa holder changes their visa category while you are staying in the U.S., your immigration status will also change. As an example, if your L1 relative switches from an L1 to an H1 Visa, you can also switch from the L2 to the H2 Visa.

However, in such a case, note that an EAD issued under the L2 Visa status will cease to be valid once you switch to a different visa, and you will need to apply for a new EAD.

Total Law is a law firm specialising in global immigration law across the U.S., Canada, UK and Ireland. Our services range from family, work, study and tourist visa applications to citizenship, asylum and corporate immigration services.

With our expertise, we can work with you to prepare a comprehensive L2 Visa application (or any other U.S. visa application) so that you have the best chance possible of being granted your visa.

In order to submit a successful U.S. visa application, it’s vital to provide all the necessary documentation, as commissions can cause delays.

You will be paired with one of our experienced immigration lawyers, who will:

• Review your situation
• Make sure you are eligible
• Prepare a Letter of Representation to emphasize the merits of your visa application
• Liaise with USCIS throughout the visa application process
• Liaise with your L1 Visa holder as needed
• Provide regular updates throughout the entire L2 application process

Call us today on +1 844 312 4979 (US office) or +44 (0) 333 305 9375 (UK office) to speak with one of our immigration experts and learn more about our services. Alternatively, complete the quick online enquiry form.