L2 Visa Guide

The L2 visa provides a route for the immediate family members of L1 visa holders to join them in the United States. It allows spouses and dependent children to lawfully reside in the country for the same duration as the principal L1 visa holder. In certain cases, it also enables spouses to work and children to study while in the US.

What this article is about: This guide explains everything you need to know about the L2 visa. It covers the purpose of the visa, who qualifies, how to apply, evidentiary requirements, rights and restrictions, work authorisation for spouses, and compliance issues that both applicants and employers should be aware of. By the end, you will have a clear understanding of how the L2 visa operates, what dependants can and cannot do under US law, and how to avoid common pitfalls.

Section A: What is the L2 Visa?

The L2 visa is a US nonimmigrant visa that allows the spouse and unmarried children under the age of 21 of an L1 visa holder to accompany or join them in the United States. It is classified as a dependant visa, meaning it is directly tied to the status of the L1 principal visa holder.

1. Definition and Purpose of the L2 Visa

The L2 visa exists to ensure family unity for those working in the US under the L1 intracompany transfer route. It provides legal residence for dependants for as long as the L1 visa holder maintains lawful status, allowing families to live together in the US.

2. Who Qualifies as an Eligible Dependant

Only certain family members qualify for L2 status. These are:

• The legally married spouse of the L1 visa holder.
• Unmarried children under 21 years of age.

Other relatives, such as parents, siblings, or extended family members, do not qualify for the L2 visa and would need to explore other visa options, such as visitor visas, if they wish to travel to the US.

3. Key Differences Between L1 and L2 Status

The L1 visa is designed for executives, managers, and employees with specialised knowledge transferring within multinational companies. In contrast, the L2 visa is not a work visa in itself but a dependant visa granted solely by virtue of the family relationship with the L1 principal. The rights of the L2 holder, including work or study, are derivative of the L1 visa status.

4. Duration of Stay Linked to L1 Principal Visa Holder

The validity of an L2 visa is entirely dependent on the L1 visa. If the L1 principal’s status is shortened, revoked, or expires, the L2 dependant’s visa status automatically ends. Conversely, if the L1 holder extends their stay, the L2 dependants may apply for corresponding extensions.

Section Summary: The L2 visa exists to maintain family unity for those on the L1 route. It allows spouses and children of L1 visa holders to legally reside in the US for the same duration as the principal. Its scope and validity are entirely dependent on the status of the L1 visa holder.

Section B: L2 Visa Eligibility and Requirements

To qualify for the L2 visa, the applicant must be a dependant of an L1 visa holder. This section explains who can apply, what evidence is needed, and the key considerations for dependants, especially children.

1. Who Can Apply as a Dependant of an L1 Holder

The L2 visa is limited to:

• The legally married spouse of the L1 visa holder.
• Unmarried children under the age of 21.

It does not extend to unmarried partners, fiancés, or other family members. Same-sex spouses are eligible provided the marriage is legally recognised in the jurisdiction where it took place. Children must remain under 21 and unmarried to qualify as L2 dependants.

2. Documentation Needed

Applicants must provide documentary evidence to prove their relationship to the L1 visa holder. Commonly required documents include:

• Marriage certificate (for spouses).
• Birth certificates (for children).
• Passports valid for travel to the US.
• Evidence of the L1 visa holder’s lawful status, such as the L1 approval notice (Form I-797) or valid visa stamp.
• Photographs meeting US visa specifications.

Supporting evidence may also include proof of family ties, such as joint bank accounts, utility bills, or photographs, particularly if the relationship might be questioned.

3. Financial and Supporting Evidence

While there is no specific financial requirement for the L2 visa, applicants may be asked to demonstrate the L1 visa holder’s ability to financially support dependants. This can be done through recent payslips, employment verification letters, or company sponsorship confirmation.

4. Special Considerations for Children

Children holding L2 visas are permitted to attend public or private schools in the US without needing a separate student visa. However, once they turn 21 or marry, they lose eligibility for L2 status. In such cases, they would need to switch to another status, such as an F1 student visa, to remain in the US lawfully.

Section Summary: Eligibility for the L2 visa is limited to spouses and dependent children under 21 of L1 visa holders. Applicants must provide proof of their relationship and evidence of the L1 principal’s lawful status. While children can study in the US, they lose eligibility once they turn 21 or marry, requiring a change of status if they wish to stay.

Section C: L2 Visa Application Process

Applying for an L2 visa follows a structured procedure that involves both the US Citizenship and Immigration Services (USCIS) and the Department of State. The process typically begins after the principal L1 visa has been approved and requires dependants to complete their own visa applications.

1. Petition and DS-160 Application

Unlike the L1 visa, which requires an employer to file a petition (Form I-129) with USCIS, the L2 visa does not involve a separate petitioning stage. Instead, dependants must complete the DS-160 Online Nonimmigrant Visa Application form. Each applicant, including children, must submit their own DS-160. After completing the form, applicants receive a confirmation page with a barcode that must be presented at the visa interview.

2. Visa Interview and Required Supporting Documents

Applicants are usually required to attend a consular interview at a US Embassy or Consulate. At the interview, dependants must present:

• A valid passport.
• DS-160 confirmation page.
• Visa fee receipt.
• A recent passport-style photograph.
• Evidence of relationship to the L1 holder (marriage or birth certificate).
• Proof of the L1 principal’s visa status and employment, such as the approval notice (Form I-797) or valid L1 visa stamp.

Children under a certain age may be exempt from the interview requirement, though rules vary by location.

3. Processing Times and Consular Considerations

Processing times for L2 visas vary depending on the consular post and workload. In many cases, applications can be processed within a few weeks, though backlogs may extend this period. Security checks or missing documentation can also cause delays. Applicants are advised to apply as early as possible to avoid disruption to family plans.

4. Fees and Costs Involved

Each L2 visa applicant must pay the standard nonimmigrant visa application fee, currently $185. Additional costs may apply for medical examinations, translations, or document preparation. Unlike the L1 visa, there is no employer filing fee or petition fee for L2 dependants.

Section Summary: The L2 visa application process is centred on completing the DS-160 form and attending a consular interview with the required supporting documents. While processing times vary, families should plan for several weeks and ensure all evidence is provided to avoid delays. Costs are limited to the visa fee and incidental expenses.

Section D: Rights, Restrictions, and Compliance

Holding an L2 visa comes with certain rights that make it more flexible than many other dependant visas. However, it also carries compliance responsibilities and clear restrictions that must be followed to avoid falling out of lawful status.

1. Work Authorization for L2 Spouses

One of the most significant advantages of the L2 visa is the ability for spouses to work in the United States. Historically, L2 spouses were required to apply for an Employment Authorization Document (EAD) by filing Form I-765 with USCIS. In recent years, USCIS has updated its policy to grant employment authorization incident to L2 status, meaning spouses are automatically permitted to work without first obtaining an EAD.

L2 spouses’ I-94 admission records are now endorsed to confirm work authorization. Employers can rely on the I-94 document directly for I-9 verification purposes. While an EAD is no longer strictly necessary, many spouses still apply for one as a convenient form of evidence for employers.

2. Study Rights for L2 Dependants

L2 visa holders may also undertake study in the US. Spouses can enroll in educational programmes ranging from short-term courses to full degrees, while children can attend public or private schools without needing a separate F1 student visa. This provides families with access to education without additional visa processes.

3. Travel, Renewals, and Extensions

L2 visa holders are permitted to travel freely in and out of the US for as long as their visa remains valid. However, their legal status is tied to the L1 principal’s status. If the L1 visa is extended, L2 dependants must also apply to extend their visas, either by filing Form I-539 with USCIS from within the US or by applying at a consular post abroad. If the L1 visa is revoked or expires, L2 status automatically ends.

4. Compliance Obligations and Risks of Overstaying

It is critical that L2 dependants maintain lawful status while in the US. Overstaying an L2 visa can lead to severe immigration consequences, including future bars on re-entry. Specifically, overstays of more than 180 days can result in a 3-year bar, while overstays of more than 365 days can result in a 10-year bar under INA §212(a)(9)(B). Dependants must also comply with US laws and avoid any unauthorised employment or activities outside the scope of their visa rights.

Section Summary: The L2 visa offers significant benefits, particularly for spouses who are permitted to work without restriction and for children who may attend school freely. However, these rights are conditional on the continued lawful status of the L1 principal. Families must remain vigilant about renewals, compliance, and the risk of overstaying, which can lead to lengthy re-entry bans.

FAQs

Can L2 visa holders work in the US?

Yes. L2 spouses are permitted to work in the United States. USCIS policy now recognises employment as “incident to status,” meaning an EAD is no longer strictly required. However, spouses may still apply for an EAD as formal evidence of work eligibility when starting new employment. Employers can also rely on the spouse’s I-94 record as proof of work authorization during I-9 checks.

How long does it take to get an L2 visa approved?

Processing times vary by consulate. Most applications are processed within a few weeks, though delays can occur due to backlogs, additional documentation requests, or security checks.

Do L2 visa holders need a separate work permit?

No, a separate work permit is no longer required for L2 spouses. The I-94 admission record now confirms work authorization. Nonetheless, many still apply for an EAD for added convenience and clarity with employers.

Can L2 children attend US public schools?

Yes. Children on L2 visas can study at public or private schools in the US without needing to switch to a student visa.

What happens when the L1 holder’s visa expires?

The L2 visa is entirely dependent on the L1 visa. If the L1 principal’s status ends, L2 dependants automatically lose their lawful status and must depart the US unless another visa option is secured.

Conclusion

The L2 visa provides a valuable route for families of L1 visa holders to live together in the United States. It ensures spouses and dependent children can lawfully reside, study, and, in the case of spouses, work in the US for as long as the L1 principal maintains their visa status.

While the L2 visa offers generous rights compared with many other dependant categories, its validity is directly tied to the L1 visa. Families must therefore remain vigilant about compliance, extensions, and the risk of overstaying, which can lead to severe consequences such as 3-year or 10-year re-entry bans. For employers, awareness of dependant rights helps avoid unnecessary compliance issues when onboarding L2 visa holders.

By understanding the eligibility rules, evidentiary requirements, application process, and scope of rights, families can make the most of the opportunities the L2 visa provides while ensuring full compliance with US immigration law.

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