Last Updated on December 6, 2022 by Anda Malescu
Spouse and children of L1 visa holder: Process, requirements and benefits
Spouse and children of L1 visa holders are dependents of the principal L1 visa holder and can come to live in the United States on an L2 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 L2 visa.
The period of stay allowed on an L2 visa for both spouse and unmarried children under 21 years old is the same as for the L1 visa holder.
For Canadian citizens, the spouse and children who are accompanying to the US a Canadian citizen on an L1 visa are admitted on an L2 status without requiring a visa. However, non-Canadian spouse or children must have an L2 visa when applying for admission to the US. To learn more about, visit our L visa for Canadians page.
Benefits of L2 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 unrestrictedly in the USA – spouse can work in the US full-time, part-time, be self-employed or a combination thereof; the spouse no longer needs to apply for employment authorization and obtaining an EAD card is optional
- 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, O-1 visa, B1/B2 visa and others
- Spouse and children can travel outside of the USA and re-enter
The L2 visa duration
The spouse and children of an L1 visa holder who intend to join the principal L1 holder in the United States on an L2 visa are subject to the same visa validity, period of admission, and limitation of stay as the holder of the L1 visa.
The L2 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 L1 visa status. In other words, spouse and children on L2 visa can be present in the United States for as long as the family member on L1 visa has valid status. In addition, any limitations of stay in the US for the L1 visa holder applies to the L2 dependents, the spouse and children.
The maximum L2 visa duration for the spouse and children depends on the type of L1 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 L2 visa duration for the initial period of stay depends on whether the principal L1 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 L2 visa duration is 1 year and for joining a pre-exiting office the initial L2 visa duration is 3 years with the option to extent until the maximum period allowed discussed above.
The L2 visa processing time
Generally, the L2 visa processing time at US consulates and embassies around the world is about 30 days from the time of application.
The L2 visa applicants must go through consular processing at a US consulate or embassy in order to obtain an L2 visa. Otherwise, if the applicant is in the United States, can apply for change of status to L2 visa. Generally, it is best for spouses and children of L1 visa holders who are L2 beneficiaries to process their L2 visas at the same time as the L1 applicant.
The L2 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 L2 Visa for Spouse and Children is a straightforward process and requires a number of documents.
To apply for an L2 visa for spouse and children of L1 visa holders, the visa applicants must submit an application at the US Consulate or Embassy in their country together with the L2 visa required documents.
The application process for L2 visa includes couple of steps listed below:
1. Complete the DS-160 Visa Application
This is the first step in applying for the L2 visa. The applicant must complete the form and fill in all the required information. Please keep in mind it takes approximately 2 hours to complete the form and after you submit it, you receive a confirmation page that you must print and keep for your record to book the visa interview. You must also bring the confirmation page to the visa interview at the US Consulate or 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 L2 visa interview.
3. Schedule Visa Appointment
After you submitted the DS-160 Visa Application, the third step in obtaining the L2 visa is to make an appointment for the visa interview and biometrics. Generally, L2 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.
4. Submit L2 Visa Required Documents
At the time you schedule the L2 visa interview appointment you have to submit the following information and L2 visa required documents.
L2 Visa required documents
- Passport valid for at least 6 months
- Visa fee payment receipt
- DS-160 Visa Application
- Marriage certificate for L2 spouse
- Birth certificate for L2 children
- L1 visa holder’s I-797 Approval Notice
- L1 visa holder’s employment letter
- L1 visa holder’s I-94 record, if the L1 holder is already in the US
- L1 visa holder’s salary payslips, if the L1 holder is already working in the US
- L2 applicant bank account statements or joint bank statements
5. Attend L2 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.
Common L2 visa interview questions that consular officers ask include:
- What do you do and what are your qualifications?
- Where do you live in your country and with whom?
- Who pays for the trip to the USA?
- Where will you live in the USA and with whom?
- What do you intend to do while in the USA?
- Do you have any relatives in the USA?
- Do you have children and how many?
- Are your children coming with you to the USA?
- When and where did you meet your spouse?
- When and where did you get married to your spouse?
- Do you have a marriage certificate?
- What type of visa are you applying for and why?
- When did your spouse got his visa?
- What is your spouse date of birth?
- What university did your spouse graduated from?
- Who is sponsoring your husband for L1 visa and how did your spouse and the company know each other?
- 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 L1 visa holders
Spouses and children of L1 visa holders can apply for change of status to L2 visa while in the United States, and in addition can file for change of status from L2 visa to other types of US visas.
If the L2 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 L1 visa holder, then they can file for change of status/extension of status to L2 visa.
In addition, spouse and children of L1 visa holder, having an L2 visa status can change their status from L2 visa to other visas such as L-1 visa, E-2 visa, H-1 and H-4 visa, B1/B2 visa, O1 visa and others.
If the L2 dependent, spouse or children, want to change the status to H1 visa or L1 visa at any time, the time spent in the USA on L2 visa is not counted towards the maximum duration allowed on an H-1B or L-1 visa.
L2 visa extension stamping
The L2 visa beneficiaries spouse and children can renew or obtain an extension stamping when the principal L1 visa holder does so.
For an L2 visa holder to obtain a renewal or extension stamping, the L1 visa holder must renew or extend the L1 visa. If the spouse and children on L2 visa are in the United States, they can file for extension of status, preferably at the same time the L1 visa spouse files for renewal or extension of L1 visa. If the L2 visa holders are outside of the USA, they can seek an L2 visa renewal or extension stamping at the US Consulate or Embassy.
Employment Authorization Document (EAD) for spouse L2 visa holder
Spouses of L2 visa are no longer required to apply for EAD to work in the United States. Spouses are automatically authorized to work in the US once granted L-2S status on the I-94 form.
Optional, the spouse of an L1 visa holder with an approved L2 visa can apply for the Employment Authorization Document (EAD) while present in the USA if they choose to do so. However, spouses are no longer required to obtain employment authorization.
After the spouse of an L1 visa holder receives the L2 visa, he or she must come to the United States and obtain L-2S classification on their I-94 record to be able to work in the US. Optionally, once the spouse arrives to the USA, he or she can apply for an EAD with USCIS.
An I-94 form indicating L-2S status or an approved EAD allows the L2 visa spouse to work in the United States during his or her stay. The spouse can work in the USA prior to the EAD being approved based on the I-94 record. With an L-2S status or approved EAD, the right to work is not restricted meaning that the spouse on an L2 visa can be employed full-time, part-time and can also be self-employed and own a business or work as an independent contractor.
In order to obtain the EAD, the spouse must file an application for work authorization with the USCIS and submit the required documents with the application.
If the L2 visa spouse does not have a social security number (SSN) at the time he or she files for the EAD card, then the spouse can request a SSN in the application for the EAD. The EAD is an optional extra step that is no longer mandatory for L2 spouses to work in the United States.
When applying for the EAD card for spouse of an L1 visa holder, the spouse must submit documents showing his or her L2 visa status, the L1 visa status of the other spouse and marriage certificate, among others.
Take into account that on average it takes about 3 months for USCIS to approve and issue the EAD, but the processing time varies based on workload and it can take less time (aprox. 1 month) or more time (aprox. 5 months).
The EAD for L2 visa spouse is issued for 2 years at a time and can be renewed 180 days prior or less prior to its expiration provided that the spouse maintains valid status.
Children who are L1 visa dependent and in L2 visa status are not eligible for employment authorization and cannot work in the United States on an L2 visa.
L2 visa to green card
L2 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 L1 visa or L2 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 L1 visa holder applies for green card, then the spouse with L2 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 L2 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.
How can our business immigration lawyers in USA assist?
Our L1 visa lawyers in Miami, Florida USA, can help you and your spouse apply for the L1 visa and subsequently, the L2 visa for spouse and children as well as assist you with obtaining work authorization, the EAD card, and change, extend or adjust your status. Contact us today or book a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
