The L-2 Visa is a non-immigrant visa that allows the dependents of L-1 Visa holders to live in the United States. This visa is specifically designed for the spouses and unmarried children under 21 years of age of L-1 Visa holders, who are transferred to the U.S. by their multinational company. The L-2 Visa provides a means for families to stay together while the L-1 Visa holder is working in the U.S.
This blog can guide you through the intricacies of obtaining an L-2 Visa, ensuring families can stay together while benefiting from the opportunities of the L-1 Visa program.
What is an L-2 Visa?
An L-2 Visa is for the dependents of L-1 Visa holders, including spouses and unmarried children under 21. It allows family members to join the L-1 Visa holder in the U.S., enabling them to live legally in the country for the duration of the L-1 Visa holder’s stay. This visa helps maintain family unity, providing emotional and logistical support. Spouses can obtain work authorization, and all L-2 Visa holders can pursue educational opportunities, enhancing the overall family experience and supporting the L-1 Visa holder’s effectiveness.
Importance of the L-2 Visa for Dependents of L-1 Visa Holders
The L-2 Visa plays a crucial role in maintaining family unity and support for L-1 Visa holders. Here are some key benefits:
- Family Cohesion: The primary importance of the L-2 Visa lies in its ability to keep families together. Moving to a new country can be challenging, and having family members nearby can provide emotional and psychological support to the L-1 Visa holder.
- Employment Authorization: Spouses of L-1 Visa holders can apply for Employment Authorization Documents (EAD), allowing them to work in the U.S. This opportunity can be significant for dual-career couples and contributes to the household income.
- Educational Opportunities: Children on L-2 Visas can attend school in the U.S., gaining access to quality education and a diverse cultural experience that can benefit their personal growth and future opportunities.
- Adjustment of Status: L-2 Visa holders may also apply for adjustment of status if the L-1 Visa holder applies for a Green Card, providing a pathway to permanent residency for the entire family.
What is the Eligibility Criteria for L-2 Visa?
- Spouses of L-1 Visa Holders: The legal spouse of an individual holding a valid L-1 Visa qualifies for an L-2 Visa.
- Unmarried Children Under 21: Unmarried children of the L-1 Visa holder under 21 are eligible for an L-2 Visa.
- Valid L-1 Visa Status: The primary L-1 Visa holder must maintain valid L-1 Visa status for their dependents to qualify for and maintain L-2 Visa status.
- Proof of Relationship: Applicants must provide documentation to prove their relationship to the L-1 Visa holder, such as marriage certificates for spouses and birth certificates for children.
- Intention to Leave: L-2 Visa applicants must demonstrate their intention to leave the U.S. upon the L-1 Visa holder’s expiration, although dual intent (intent to stay permanently) is allowed under certain circumstances.
Relationship with L-1 Visa Holder (Dependent of L-2 Visa)
- Marriage Certificate: Required to prove the legal marriage between the L-1 Visa holder and their spouse.
- Birth Certificate: Necessary to establish the parent-child relationship for unmarried children under the age of 21.
- Adoption Papers: If applicable, adoption documents must be provided to demonstrate the legal relationship between the L-1 Visa holder and adopted children.
- Legal Documents: Any other legal documents that may be required to substantiate the dependent’s relationship to the L-1 Visa holder.
Documents Required for L-2 Visa
You will need to submit some or all of the following documents:
- Valid passport
- Passport-style photo- See the Department of State’s guidelines surrounding passport photos.
- Original marriage certificate
- Marriage photographs of both you and your husband/wife
- Wedding photos
- For children, you will need the original birth certificate for each dependent
- Written approval of the primary L-1 holder (parent or spouse)
- Your academic qualification certificates, according to what you entered in your DS-160
- Your spouse’s (L-1 holder’s) employment verification letter
- Copy of your L-1 spouse’s I-94 (if already in the U.S.)
- Copy of your L-1 spouse’s petition approval notice issued by the USCIS
- Some copies of L-1 spouse’s salary payslips (if he or she is already working in the U.S.)
- Copy of L-1 spouse’s current tax returns (if any)
- L-1 holder’s I-797 form
- Visa application fee
L-2 Visa Application Process: Step-by-Step Guide
Spouses and children (L-2 beneficiaries) should process their visas simultaneously with the L-1 applicant. This can help you in proving a genuine family relationship exists. A step-by-step guide to applying for an L-2 Visa is as follows:
Step 1: Complete the DS-160 Online Application
- Fill out the DS-160 Online Nonimmigrant Visa Application form. This is the initial step in the application process. After completing the form, print the confirmation page containing the barcode required for scheduling your visa interview.
Step 2: Pay the Application Fee
- Submit the application fee, which is generally $185. Note that additional fees may apply depending on your country of origin. Ensure this payment is made before scheduling your visa appointments.
Step 3: Schedule Visa Appointments: Interview and Biometrics
- Schedule an appointment at a visa application center for biometric data collection, including fingerprints and photographs.
- Book an interview with a consular officer at the U.S. embassy or consulate. This step is crucial and should be scheduled as early as possible to avoid delays. Note that dependents under 13 years of age are mostly exempted from the interview. Ensure you attend both appointments as required to proceed with your visa. application.
Step 4: Submit L-2 Visa Documents
- Compile and submit all necessary documents for your L-2 visa application. Proper documentation is essential for a smooth and efficient processing of your application.
Step 5: Attend the Biometrics Appointment
- Attend the biometrics appointment at the Visa Application Center. This appointment is for collecting your fingerprints and photographs and must be completed prior to your visa interview. Note that biometrics and interview appointments cannot be scheduled on the same day.
Step 6: Attend the L-2 Visa Interview
- Attend the scheduled visa interview at the U.S. embassy or consulate. Be prepared to discuss your relationship with the primary L-1 visa holder and provide information about your intended activities in the U.S.
Tips for L-2 Visa Interview
Preparing for your L-2 visa interview is crucial to ensure a successful outcome. Here’s what you can expect and tips for a smooth experience:
What to Expect During the Interview:
- Purpose: The interviewer will assess the authenticity of your relationship with the L-1 visa holder and the intent of your stay in the U.S.
- Documentation: Bring all required documents, including passports, marriage certificates, birth certificates for dependents, and proof of the L-1 visa holder’s status.
Common Questions and Preparation Tips
- Relationship with L-1 Holder: Be ready to discuss how you met, your marriage (if applicable), and your daily life together.
- Intentions in the United States: Articulate your plans while in the U.S., such as accompanying the L-1 visa holder, studying, or working (if eligible).
- Personal Background: Be prepared to talk about your educational background, employment history, and any ties you have to your home country.
- Stay Positive: Maintain a positive attitude, answer questions truthfully, and remain confident throughout the interview.
What are the Rights and Benefits of L-2 Visa Holders?
The rights and benefits of L-2 visa holders are explained in the following points:
- Accompanying Family: L-2 visa holders can join and stay with the primary L-1 visa holder (spouse or parent) in the United States.
- Education: They can attend schools and universities in the U.S., either full-time or part-time.
- Employment: Spouses of L-1 visa holders on L-2 visas can apply for work authorization to legally work in the U.S.
- Travel: L-2 visa holders can freely travel in and out of the U.S. during their stay.
- Access to Services: They can access services such as healthcare, open bank accounts, and obtain a driver’s license by state regulations.
- Renewal: L-2 visas can be renewed along with the L-1 visa holder’s status, allowing continuous residence and benefits in the U.S.
How Kodem Law Can Help You?
Kodem Law Firm specializes in navigating the complexities of U.S. immigration law, including the L-2 visa process. Our experienced attorneys provide personalized guidance to ensure your L-2 visa application meets all requirements. We assist in compiling necessary documents, preparing for interviews, and navigating legal nuances to maximize your chances of approval. Whether you’re joining a spouse or parent on an L-1 visa, seeking educational opportunities, or pursuing employment authorization, Kodem Law Firm is dedicated to supporting your journey toward living and thriving in the United States.
