L-2 visa
Encyclopedia
An L-2 visa is a visa document
used to enter the United States
by the dependent spouse and minor unmarried children of qualified L-1 visa
holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L1 visa.
See link:
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420!opendocument#c1
An L2 visa holder is eligible for EAD and requires EAD to work legally in the United States. However, Please see Memo issued by USCIS in 2002 and, SSA's policy is set forth in RM (Records Maintenance) 00203.500C.1 (Aliens Work Authorized without specific DHS Authorization). It states that E and L spouses are authorized to work without specific DHS authorization and are not required to apply for an EAD as documentary evidence of work authorization, but must submit proof of marriage to an E or L principal. (This RM refers to 8 CFR § 274a.12(A)(17), but there is no such regulation.. However, the SSN card issued to an E or L spouse will state that it is "valid for work only with DHS authorization," which is the same restriction imposed on the cards of other nonimmigrants authorized to work incident to status. Thus, the question is whether proof of status as the spouse of an E or L principal is sufficient DHS authorization, or whether an EAD is required.
SSA explained during AILA (American Immigration Lawyers Association) liaison meeting in 2002 that it changed its policy to enumerate for E and L spouses based on a USCIS memorandum, which has not been provided to AILA or any other organization. However, a Memorandum from William R. Yates, dated February 22, 2002, legacy INS's last public statement on the issue, says: "To obtain employment authorization and a document evidencing this authorization, the E or L nonimmigrant spouse must file Form I-765." (InfoNet Document No. 02022832, posted February 28, 2002.) The Yates Memorandum also said that the regulations at 8 CFR § 274a.12(a) were being amended to add the dependent spouse of a principal E and L nonimmigrant to the list of categories of aliens authorized to be employed in the United States without restriction. However, the regulations have not been amended to address E and L spouses. Hence, in 2002, AILA -SSA Liaison committee suggests that it is markedly unclear whether an E or L spouse needs an EAD to work. Logic would dictate that an EAD is not necessary-that the I-94 indicating E-1, E-2 or L-2 status should be sufficient, particularly in light of the 2003 Yates memo on asylees, where it made comments about L-2 visa should be treated equally as such as asylees pertaining to employment authorization.
However, the last public pronouncement specifically on the subject of E or L spouses from an immigration enforcement agency says otherwise. Until the USCIS states its position publicly by amending its regulations, L-2 nonimmigrants should obtain an EAD as evidence of employment authorization otherwise they may be considered unlawfully employed(till Date, USCIS regulations continue to state that L-2s require employment authorization in order to work legally in the United States).
The L2 visa allows the dependent spouse and minor, unmarried children of qualified L-1 visa holders to enter into the U.S.
The applicant may:
The law states that the USCIS shall issue Employment Authorization documents within 90 days. However, at some service centers, the wait exceeds 90 days.
There is an option to submit a new Form I-765, Application for Employment Authorization, along with copies of the required supporting documents and the receipt for the original application at the Service Centre closest. Based on this, the applicant will receive an Employment Authorization document which is valid for 240 days while the USCIS processes the two year employment authorization document.
The Employment Authorization document is valid for two years and may be renewed.
There is no limit on the nature of the authorized employment. The USCIS refers to this as 'open market' employment authorization.
The applicant can apply for Adjustment of Status. Form I-485 Application to Register Permanent
Residence or Adjust Status must be filed with the USCIS.
There is no need to apply for Advance Parole if the L-2 visa holder wishes to travel internationally. This is true as long as nonimmigrant status is maintained.
If the applicants spouse qualifies for L-1 status, they can apply for a change of status from H-4 to L-2 status and the spouse from H-IB to L-1 status. To obtain work authorization, submit Form I-765, Application for Employment Authorization, together with Form I-539, Application for Change or Extension of Status.
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
used to enter the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
by the dependent spouse and minor unmarried children of qualified L-1 visa
L-1 visa
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a short amount of time, generally three years. L-1 visas are available to employees of an international company with offices in both the United States...
holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L1 visa.
Employment with L2 Visa
The holder of an L-2 visa can apply with the USCIS for Employment Authorization after arriving in the United States and, after issuance of the Employment Authorization Document(EAD, Form I-765), may then work for any employer.See link:
https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420!opendocument#c1
An L2 visa holder is eligible for EAD and requires EAD to work legally in the United States. However, Please see Memo issued by USCIS in 2002 and, SSA's policy is set forth in RM (Records Maintenance) 00203.500C.1 (Aliens Work Authorized without specific DHS Authorization). It states that E and L spouses are authorized to work without specific DHS authorization and are not required to apply for an EAD as documentary evidence of work authorization, but must submit proof of marriage to an E or L principal. (This RM refers to 8 CFR § 274a.12(A)(17), but there is no such regulation.. However, the SSN card issued to an E or L spouse will state that it is "valid for work only with DHS authorization," which is the same restriction imposed on the cards of other nonimmigrants authorized to work incident to status. Thus, the question is whether proof of status as the spouse of an E or L principal is sufficient DHS authorization, or whether an EAD is required.
SSA explained during AILA (American Immigration Lawyers Association) liaison meeting in 2002 that it changed its policy to enumerate for E and L spouses based on a USCIS memorandum, which has not been provided to AILA or any other organization. However, a Memorandum from William R. Yates, dated February 22, 2002, legacy INS's last public statement on the issue, says: "To obtain employment authorization and a document evidencing this authorization, the E or L nonimmigrant spouse must file Form I-765." (InfoNet Document No. 02022832, posted February 28, 2002.) The Yates Memorandum also said that the regulations at 8 CFR § 274a.12(a) were being amended to add the dependent spouse of a principal E and L nonimmigrant to the list of categories of aliens authorized to be employed in the United States without restriction. However, the regulations have not been amended to address E and L spouses. Hence, in 2002, AILA -SSA Liaison committee suggests that it is markedly unclear whether an E or L spouse needs an EAD to work. Logic would dictate that an EAD is not necessary-that the I-94 indicating E-1, E-2 or L-2 status should be sufficient, particularly in light of the 2003 Yates memo on asylees, where it made comments about L-2 visa should be treated equally as such as asylees pertaining to employment authorization.
However, the last public pronouncement specifically on the subject of E or L spouses from an immigration enforcement agency says otherwise. Until the USCIS states its position publicly by amending its regulations, L-2 nonimmigrants should obtain an EAD as evidence of employment authorization otherwise they may be considered unlawfully employed(till Date, USCIS regulations continue to state that L-2s require employment authorization in order to work legally in the United States).
Renewals
L-2 status may be renewed and extended within the United States when the L-1 visa is renewed. Renewal in the United States applies to status only, not the actual visa in the passport. For visa renewal, the applicant must go to a U.S. consulate or embassy outside the United States. An alien cannot leave the United States and then re-enter without a valid L-1 visa, and must appear personally before a consular officer for visa issuance. This often leads to difficulties for applicants, because it means leaving their adopted home in the United States for as long as it takes the embassy to issue their new visa. At particularly busy times of year, or at some consulates or embassies, this can take several weeks or more.The L2 visa
The L2 visa allows the dependent spouse and minor, unmarried children of qualified L-1 visa holders to enter into the U.S.
Privileges
The applicant may:
- Reside in the U.S. for the duration of the L-1 visa holder's authorized duration of stay
- Work on a full-time basis in the U.S. with proper employment authorization from the USCIS
- Engage in full-time study in the U.S.
- Travel in and out of the U.S. on short trips and return
Limitations
- The applicant may not apply for Employment Authorization if a dependent child on L-2 visa.
Allowable length of stay
- As long as the primary L-1 visa holder maintains valid status, or up to a maximum of seven years, whichever is shorter.
How to apply
The following must be submitted:- Completed visa application along with the applicable draft amount
- Original valid passportPassportA passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
- Two recent color photographs
- Original marriage certificateMarriage certificateIn some jurisdictions a marriage certificate is the official record that two people have undertaken a marriage ceremony. This does include jurisdictions where marriage licenses do not exist...
- Four to five marriage photographs in the case of an L-2 spouse.
- Copy of the applicant's parent's or spouse's L-1 approval
- Parent's or spouse's employment verification letter
- Demand draft for visa application fee
- Demand draft for visa issuance fee
Length of processing
The law states that the USCIS shall issue Employment Authorization documents within 90 days. However, at some service centers, the wait exceeds 90 days.
Employment Authorization is not received within 90 days
There is an option to submit a new Form I-765, Application for Employment Authorization, along with copies of the required supporting documents and the receipt for the original application at the Service Centre closest. Based on this, the applicant will receive an Employment Authorization document which is valid for 240 days while the USCIS processes the two year employment authorization document.
Length of validity
The Employment Authorization document is valid for two years and may be renewed.
Type of employment
There is no limit on the nature of the authorized employment. The USCIS refers to this as 'open market' employment authorization.
H-1B temporary professional working status
Time in the U.S. on L-2 visa will not count against the six years the law allows the applicant to work in the U.S. on H-1B visa. The USCIS approves H-1B status for professional workers in up to three year intervals. If the applicant was unemployed or out of status between H-1B jobs, the USCIS would count that time.Adjustment to legal permanent resident
The applicant can apply for Adjustment of Status. Form I-485 Application to Register Permanent
Residence or Adjust Status must be filed with the USCIS.
Advance Parole when travelling abroad
There is no need to apply for Advance Parole if the L-2 visa holder wishes to travel internationally. This is true as long as nonimmigrant status is maintained.
Change from H-4 to L-2 status to get work authorization
If the applicants spouse qualifies for L-1 status, they can apply for a change of status from H-4 to L-2 status and the spouse from H-IB to L-1 status. To obtain work authorization, submit Form I-765, Application for Employment Authorization, together with Form I-539, Application for Change or Extension of Status.