1. What is L-2 dependent visa?
The L-2 dependent visa is a nonimmigrant visa which allows the dependent spouse and children under 21 of a principal L-1 visa holder to enter, live and study in the U.S. The L-1 visa category includes the L-1A, L-1B and L-1 Blanket visas.
2. What privileges do I enjoy with L-2 status?
On L-2 visa, you can:
- Enter the U.S. along with your spouse or join him/her later
- Reside in the U.S. for the duration of the L-1 visa holder’s authorized duration of stay
- Engage in full-time study in the U.S
- Travel in and out of the U.S. or remain in the U.S. continuously as long as your spouse maintains their status
- If you are an L-2 Spouse you may work on a full-time basis in the U.S.
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3. How long can I stay in the U.S. on an L-2 visa?
Your L-2 status generally depends on the status of the principal L-1 visa status. For example, an L-1A visa holder is generally granted status for 3 years at first and is eligible for an extension in 2 year increments with a maximum stay of 7 years. Therefore, if your spouse’s L-1A status expires in 3 years, your L-2 status will expire in 3 years as well.
L-1B visa holders are generally granted status for a period of 3 years at first and is eligible for a 2 year extension with a maximum stay of 5 years.
It’s also important to remember that if the L-1 worker loses their status, the L-2 dependent loses their status as well.
4. Can I work in the U.S. on an L-2 visa?
L-2 spouses are authorized to work in the U.S. The L-2 spouse must ensure that their Form I-94 has listed their status as “L-2S” to distinguish from an L-2 child. Once an L-2 spouse enters the country, they can immediately apply for a social security number and can begin looking for a job.
5. Can I be employed in any kind of job on L-2 visa?
Yes, there is no limit on the nature of the authorized employment. The USCIS refers to this as ‘open market’ employment authorization.
6. Can I study on an L-2 visa?
Yes, you may study on an L-2 visa at any grade level, including pursuing higher education at the college/university level. You need not apply for the F-1 student visa.
7. Are There Any Travel Restrictions on L-2 Visa?
No, there are no general travel restrictions for L-2 visa holders. You may travel as many times as possible while you are in L-2 status and if you have a valid L-2 visa in your passport.
Note: Citizens of certain countries are subject to reciprocity rules which may limit the duration of a certain visas or control how many times a single visa can be used for travel.
8. How Do I Apply For L-2 Visa at a U.S. consulate?
You apply for L-2 visa by submitting:
- The Form DS-160, Nonimmigrant Electronic Visa Application
- One recent color photograph two inches square (50mm x 50mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering
- A passport, valid for travel to the U.S. for at least six months longer than your intended visit
- A copy of the marriage certificate in case you are a dependent spouse
- Birth certificate in case you are a dependent child below 21 years of age
- If your spouse has obtained an L-1A or L-1B petition approval, a copy of the Form I-797, Notice of Action Approval Notice and a copy of the L-1 visa in their passport (if applicable) or
- If your spouse has obtained an L-1A or L-1B Blanket visa, a copy of their L-1 Blanket Visa.
9. How do I change my status in the U.S. to L-2?
If you maintain valid nonimmigrant status in the U.S., you can change your status to L-2 by submitting the Form I-539, Application to Extend/Change Nonimmigrant Status. You can file the L-2 Change of Status along with the L-1 principal applicant or once they have obtained L-1 status.
The L-2 Change of Status should be submitted with the following documents:
- Evidence of the H applicant’s valid status (Form I-797, Notice of Approval from the USCIS, Form I-94, and pay stubs (if applicable)
- Evidence of your relationship (marriage certificate if you’re the spouse, birth certificate if you’re a child under 21)
- Copy of your passport, and valid nonimmigrant status in the U.S. (visa, any relevant USCIS approval notices, I-94, and any other documents indicating valid status in the U.S.)
10. If I want to change status to H-1B or obtain my own L-1, will my time in the U.S. in L-2 status count against the H-1B maximum six years or the L-1 maximum seven or five years?
No, your time in the U.S. on an L-2 visa will not count against the maximum allowable time for H-1B or L-1. You will be eligible for the maximum amount of time under either visa category.
11. Do I need to apply for Advance Parole when I have to travel abroad on L-2 visa?
No, you do not need to apply for Advance Parole if you are a valid L-2 visa holder and wish to travel internationally. This is true as long as you maintain valid L-2 nonimmigrant status.
12. Can I change from H-4 to L-2 status so that I can get work authorization?
Yes, if your spouse qualifies for L-1 status, you may apply for a change of status from H-4 to L-2 status and your spouse from H-1B to L-1 status.
13. Is there Premium Processing for the L-2 (Form I-539)?
There is currently no Premium Processing available separately for the Form I-539 for L-2. If you submit your application concurrently with your spouse’s L-1 petition, however, and Premium Processing is selected for the Form I-129 petition, USCIS may process the L-2 application at the same time, as a courtesy.
