L-1 visa spouse & children: Process, requirements & benefits
Spouse and children of L-1 visa holders are dependents of the principal L-1 visa holder and can come to live in the United States on an L-2 visa.
In addition, only unmarried children under the age of 21 are eligible to apply and accompany the L1 visa holder in the USA on an L-2 visa.
The period of stay allowed on an L-2 visa for both spouse and unmarried children under 21 years old is the same as for the L-1 visa holder.
Canadian L-1 visa holders’ spouses and children enter the U.S. on L-2 status without a visa. Non-Canadian dependents, however, require an L-2 visa when applying for admission to the US. For details, see L-1 Visa for Canadians. Â Â
Benefits of L-2 visa
The L2 visa has many benefits for the spouse and children of L1 visa holder, including:
- Spouse and children can live in the USA
- Spouse can work in the US without restrictions (full-time, part-time or self-employment); Obtaining an Employment Authorization Document (EAD) to work is no longer required. In other words, an EAD is optional and spouses can work without first obtaining a work permit.
- Children can attend public and private schools in the USA on a part-time or full-time basis
- Spouse and children can change their status to other types of US visas such as F-1 visa, H-1B visa, H-2B visa, L-1 visa, E-2 visa, E-1 visa, E-3 visa, TN visa, O-1 visa, B1/B2 visa and others
The L-2 visa duration
The spouse and children of an L-1 visa holder who intend to join the principal L-1 holder in the United States on an L-2 visa are subject to the same visa validity, period of admission, and limitation of stay as the holder of the L-1 visa.
The L-2 visa is a dependent visa and as a result, the duration of valid stay and admission is the same as for the family member on L-1 visa status. In other words, spouse and children on L-2 visa can be present in the United States for as long as the family member on L-1 visa has valid status. In addition, any limitations of stay in the US for the L-1 visa holder applies to the L2 dependents, the spouse and children.
The maximum L-2 visa duration for the spouse and children depends on the type of L-1 visa their family member has and it can be up to 7 years in the case of dependents of L-1A visa and 5 years in the case of dependents of L-1B visa.
In addition, the L-2 visa duration for the initial period of stay depends on whether the principal L-1 visa employee is coming to the United States to establish a new office or to join a pre-existing US office.
In the case of establishing a new US office, the initial L-2 visa duration is 1 year and for joining a pre-exiting office the initial L-2 visa duration is 3 years with the option to extent until the maximum period allowed discussed above.
The L-2 visa processing time
Generally, the L-2 visa processing time at US consulates and embassies around the world is about 30 days from the time of application. Â
The L-2 visa applicants must go through consular processing at a US consulate or embassy in order to obtain an L-2 visa. Otherwise, if the applicant is in the United States, can apply for change of status to L-2 visa. Generally, it is best for spouses and children of L1 visa holders who are L-2 beneficiaries to process their L-2 visas at the same time as the L1 applicant.
The L-2 visa processing time at US consulates and embassies vary depending on the caseload but on average the processing time is 30 days from the time the L2 application and required documents are submitted.
How to apply for L-2 Visa for Spouse and Children
Applying for L-2 Visa for Spouse and Children is a straightforward process and requires a number of documents.
To apply for an L-2 visa for spouse and children of L-1 visa holders, the visa applicants must submit an application at the US Consulate or Embassy in their country together with the L-2 visa required documents.
The application process for L-2 visa includes couple of steps listed below:
1. Complete the DS-160 Visa Application
The initial step for an L-2 visa is completing Form DS-160 (allow 2 hours). After you submit it, print the confirmation page. This page is required for scheduling your visa interview. You must also bring the confirmation page to your visa interview at the U.S. Consulate/Embassy.
2. Pay the Visa Fee
The second step is to pay the visa fee depending on the type of visa you request. Each US Embassy and Consulate has its own options on how to pay the visa, including what are the specific banks you can make the payment to and how to make the payment. Please keep your visa payment receipt for your records and to book an appointment for the L-2 visa interview.
3. Schedule Visa Appointment
After you submitted the DS-160 Visa Application, the third step in obtaining the L-2 visa is to make an appointment for the visa interview and biometrics. Generally, L-2 applicants have the visa interview with the consular officers, but there may be some exceptions for children under 14 years old. After applying for the visa interview, the US Consulate or Embassy will inform you of the date and time of the interview. Â
4. Submit L-2 Visa Required Documents
At the time you schedule the L-2 visa interview appointment you have to submit the following information and L-2 visa required documents.
L-2 Visa required documents
- Passport valid for at least 6 months
- Visa fee payment receipt
- DS-160 Visa Application
- Marriage certificate for L-2 spouse
- Birth certificate for L-2 children
- L-1 visa holder’s I-797 Approval Notice
- L-1 visa holder’s employment letter
- L-1 visa holder’s I-94 record, if the L-1 holder is already in the US
- L-1 visa holder’s salary pay slips, if the L-1 holder is already working in the US
- L-2 applicant bank account statements or joint bank statements
5. Attend L-2 visa interview
The last step is to attend the L2 visa interview, where you will be asked a series of questions regarding your personal life, including your relationship with the L1 visa holder, and other general and personal questions.
L-2 visa interview questions for spouse
Consular officers typically ask these L-2 visa interview questions:
- What do you do?
- What are your qualifications?
- Where do you live and with whom?
- Who pays for the trip to US?
- Where will you live in US and with whom? Â Â
- What do you intend to do while in US?
- Do you have any relatives in US?
- Do you have children and how many?
- Are your children coming with you to US?
- Where and when did you meet your spouse?
- Where and when did you get married?
- Do you have a marriage certificate?
- What type of visa are you applying for? Why?
- When did your spouse got their visa? Â
- What is your spouse date of birth?
- What university did your spouse graduated from?
- Which company is sponsoring your spouse’s L1 visa?
- How did your spouse come to work for the sponsoring company?
- Did your spouse apply for green card? Are you included in your spouse’s green card application?
- What do you plan to do after your visa expires?
If the interview goes well and the visa is approved, the consulate will keep your passport to stamp your L2 visa. Finally, the passport with the visa is returned to you based on the arrangements you have made to receive the passport. Keep in mind every US Consulate and Embassy has its own rules regarding the passport delivery.
If however, the visa is not approved at the time of the interview and the consular officer needs additional information to make a decision or more time to review the L2 visa case, then the consular officer usually instructs on the next steps. Such a situation where the consular officer does not reach a decision at the time of the interview is known as “pending for administrative processing.”
Change of status for spouses and children of L-1 visa holders
Spouses and children of L-1 visa holders can apply for change of status to L-2 visa while in the United States, and in addition can file for change of status from L-2 visa to other types of US visas.
If the L-2 dependent, spouse or children are in the United States on a different visa, and they want to remain in the United States to be together with the L-1 visa holder, then they can file for change of status/extension of status to L-2 visa.
In addition, spouse and children of L-1 visa holder, having an L-2 visa status can change their status from L-2 visa to other visas such as L-1 visa, E-2 visa, H-1 and H-4 visa, B1/B2 visa, O-1 visa and others.
If the L-2 dependent, spouse or children, want to change the status to H-1 visa or L-1 visa at any time, the time spent in the USA on L-2 visa is not counted towards the maximum duration allowed on an H-1B or L-1 visa.
L-2 visa extension stamping
The L-2 visa beneficiaries spouse and children can renew or obtain an extension stamping when the principal L-1 visa holder does so.
For an L-2 visa holder to obtain a renewal or extension stamping, the L-1 visa holder must renew or extend the L-1 visa. If the spouse and children on L-2 visa are in the United States, they can file for extension of status, preferably at the same time the L-1 visa spouse files for renewal or extension of L-1 visa. If the L-2 visa holders are outside of the USA, they can seek an L-2 visa renewal or extension stamping at the US Consulate or Embassy.
EAD for spouse L-2 visa holder
To work in the U.S., spouses of L-1 visa holders must enter and receive L-2S classification on their I-94 form. They may then optionally apply for an EAD with USCIS. Keep in mind spouses are automatically authorized to work upon receiving L-2S status and may optionally apply for an EAD while in the U.S., but EAD is no longer required for employment.
An L-2 visa spouse can work in the US with either: 1) an I-94 showing L-2S status, or 2) an approved EAD. This grants them unrestricted work authorization, allowing them to work full-time, part-time, be self-employed, own a business or work as 1099 independent contractor.
To obtain an optional EAD, L-2 spouses must file an application with USCIS for work authorization and submit required documents. If you do not have a social security number (SSN) at the time of application, you can request one within the EAD application.
For an L-2 spouse EAD application, submit documents verifying L-2 status, the principal L-1 holder’s status, and your marriage certificate. Expect processing times between 1-5 months, with an average of 3 months.
L-2 spouse EADs are valid for two years and can be renewed within 180 days of expiration, provided the spouse maintains valid L-2 status.
L-1 dependent children cannot work in the United States and are ineligible to obtain US work authorization.
L-2 visa to green card
L-2 visa is a dual intent visa and spouse and children of L1 visa holders can apply for green card without affecting their L visa status.
The most important aspect of the L type visas is that they are “dual intent.” This means that the L visa holders, whether holder of an L-1 visa or L-2 visa may apply for a green card without negatively affecting their nonimmigrant L status. However, this is not the case for other types of visas such as the E visa, F visa, J and M visa, TN visa and others.
If the L-1 visa holder applies for green card, then the spouse with L-2 visa can also be included in the green card application. In fact, it is better for both spouses to file the green card applications at the same time. Additionally, the L-2 visa spouse has the option to apply for adjustment of status while physically present in the United States or for an immigrant visa at a US Consulate and Embassy abroad while the applicant is overseas.
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