Securing an L1 visa is an exciting step toward building a career in the United States, but for many professionals, the real success comes when their family can join them. The L2 visa makes this possible, allowing spouses and dependent children to accompany an L1 visa holder while they work in the US. However, obtaining an L2 visa isn’t automatic—it requires careful preparation, documentation and an understanding of the process to ensure a smooth application.
While it takes effort to get it right, the L2 visa comes with significant advantages. Spouses can work in the US without needing an additional employment authorization document (EAD), and children can enroll in schools and universities without restrictions. These benefits make the L2 one of the stronger dependent visas, offering a level of independence and opportunity not found in all dependent visa categories.
Still, every case is different, and immigration rules can change. Taking expert advice can help avoid delays, rejections or unnecessary complications. Understanding the requirements, work rights and long-term options for an L2 visa will ensure that your family’s move to the US is as smooth and successful as possible.
In this guide, we look at the L2 visa for L1 dependants, a category specifically for the spouse and children of intracompany transferees who have been deployed to work in the US.
What is the L2 visa?
The L2 visa is for qualifying dependents of L1 visa-holders. The L1 visa is a nonimmigrant visa for employees of a multinational company or organization being transferred from an affiliated foreign office to one of its offices in the United Stateside one of the L-1A and L-1B classifications.
The L2 visa is a dependent visa issued to the spouse and unmarried children under 21 of an L1 visa holder, allowing them to join the primary visa holder in the United States.
The L2 classification provides significant benefits, including work authorization for L2 spouses, and permission for dependents to study and travel freely in and out of the US. The L2 visa remains valid as long as the L1 visa holder maintains legal status and their employment with the sponsoring company. Planning for long-term options, such as transitioning to a green card, is therefore an important consideration for many L2 applicants.
What does the L2 visa allow?
The L2 visa allows the spouse and unmarried children under 21 of an L1 visa holder to live in the United States while the primary visa holder works for a US employer. This visa provides significant benefits, making it one of the more flexible dependent visas available.
L2 spouses are eligible to work in the US without needing a separate work permit. Following policy changes, an unexpired Form I-94 with the designation L-2S now serves as proof of automatic employment authorization. However, spouses may still apply for an Employment Authorization Document (EAD) if they prefer an official card for identification and verification purposes.
L2 visa holders can study in the United States without needing an additional visa. This applies to both spouses and children, allowing them to enroll in schools, colleges, and universities. However, dependent children are not permitted to work, unlike spouses.
L2 visa holders are also allowed to travel freely in and out of the US, provided their visa and passport remain valid. The visa remains dependent on the L1 visa holder’s status, meaning any change, such as job termination or visa expiration, could affect the L2 holder’s ability to stay in the US.
L2 visa work authorization rules
Any non-US national wanting to work in the United States, including L2 visa-holders, require official authorization to be able to legally undertake paid employment while in the USA. The permission required for an L1 visa-holder to undertake work in the US for the parent, branch, subsidiary or affiliate of their overseas employer automatically forms part of their grant of leave.
Equally, following a USCIS policy announcement on 12 November 2021, spouses of L1 visa-holders in valid L2 status are also considered employment-authorized incident to their status. This essentially means that USCIS will consider spouses under L2 classification to be authorized to work in the US based on their valid nonimmigrant L2 status.
However, this authorization does not extend to dependent children with L2 visa status. They are allowed to attend school but cannot engage in paid employment.
To distinguish L2 spouses from children, USCIS and U.S. Customs and Border Protection (CBP) began, on January 30, 2022, issuing Forms I-94 with specific Class of Admission (COA) codes: L-2S for spouses and L-2 for children. An unexpired Form I-94 bearing the L-2S designation serves as valid proof of work authorization for spouses.
Do you need an L2 visa work permit?
L2 visa-holders must be able to prove their valid L2 status, or they could risk deportation and a possible ban on re-entering the United States. This is because all US employers are legally required to verify that anyone they employ is authorized to accept and undertake work in the United States. Using Form I-9 (Employment Eligibility Verification) the employee must first attest to their employment authorization, and present their employer with acceptable evidence of their identity and permission to work. The employer must then examine this documentation to determine whether it reasonably appears to be genuine and relates to the employee in question, recording the document information on the form.
Acceptable forms of evidence of L2 employment-authorization based on nonimmigrant status for completion of Form I-9 includes:
- An unexpired Form I-94 (Arrival/Departure Record) with a notation reflecting L-2S nonimmigrant status: this is acceptable as evidence of employment authorization for L spouses under List C of Form I-9;
- An unexpired Form I-94 with a notation reflecting L2 status, together with a notice from USCIS regarding the new admission code: USCIS will send qualifying spouses with a Form I-94 issued before 30 January 2022, that was notated with L2 status, a notice regarding the new L-2S code that, together with an unexpired Form I-94 reflecting L2 nonimmigrant status, serves as evidence of employment authorization under List C of Form I-9;
- An unexpired Employment Authorization Document (EAD): the spouse of an L1 visa-holder is no longer required to request employment authorization to prove their legal entitlement to work in the US, but may still file Form I-765, with a $410 fee, in order to obtain an EAD. An EAD can be presented to employers as evidence of both identity and employment authorization acceptable under List A of Form I-9;
- An expired EAD, together with additional documentation to show the EAD is automatically extended: certain L spouses will qualify for an automatic extension of their existing Form I-766 EAD if they filed a renewal Form I-765 based on the same nonimmigrant status and they have an unexpired Form I-94 showing L2 or L-2S nonimmigrant status.
DHS has permanently increased the automatic extension period for expiring EADs from up to 180 days to up to 540 days for eligible noncitizens who timely file Form I-765 for renewal. This rule, effective January 13, 2025, applies to various categories, including L2 spouses who have previously obtained an EAD.
L2 visa requirements
To be eligible for an L2 visa, the applicant must be either:
- the spouse of the L1 visa holder in a bona fide marriage, or
- the unmarried child under the age of 21 of the L1 visa-holder.
No other relatives of L1 visa holders would be eligible under the L2 route. This means parents, grandparents, siblings and other family members would need to apply under a different visa category to travel and stay to the US, or make use of ESTA visa-free entry if they qualify and are only visiting and not intending to remain in the country.
L2 visa application process
To apply for an L2 visa from outside the United States, the applicant will need to file Form DS-160, pay the relevant fee and submit the necessary documentation in support. The applicant will also be required to provide their biometric information and subsequently attend an interview at their local US Embassy or Consulate where they will need to attend with their supporting documents, including:
Required Document | Description |
---|---|
Visa Appointment Confirmation Letter | The official confirmation of the visa interview appointment at the US consulate or embassy. |
DS-160 Visa Application Confirmation Page | The printed confirmation page of the completed DS-160 online visa application form. |
DS-160 Visa Application Fee Receipt | Proof of payment for the non-refundable DS-160 visa application fee. |
Valid Passport | A passport with at least six months of validity remaining before expiration. |
Old Passports | Any previously held passports of the applicant. |
Visa-Compliant Color Photograph | A recent passport-size photograph that meets US visa specifications. |
I-797 Approval Notice | The I-797 approval notice for the L1 visa holder issued by USCIS. |
Approved I-129 Petition Copy | A copy of the approved I-129 petition filed for the L1 visa holder. |
Copy of L1 Visa Holder’s Passport | A photocopy of the L1 visa holder’s passport. |
Employment Verification Letter | A letter from the L1 visa holder’s US employer verifying their current employment. |
Proof of Relationship Documents | Various documents proving the relationship, including the original marriage certificate for spouses and the original birth certificate for dependent children. |
Proof of Genuine Marriage | Evidence such as wedding photos, invitations, receipts, and honeymoon details to prove a genuine marriage to the L1 visa holder. |
L1 Visa Holder’s Pay Slips or Tax Returns | Recent pay slips or tax returns of the L1 visa holder if they are already in the US. |
In the event that the applicant fails to attend with the necessary documentation, they risk their application for an L1 visa being delayed or even denied. Further, the fact that their spouse or parent has permission to work in the US under L1 visa classification does not guarantee a successful application. Their eligibility will still need to be determined on a case-by-case basis, having regard to the information contained within Form DS-160 and their supporting documentation. The applicant will also need to satisfy the interviewing consular officer of their eligibility, including a genuine family relationship with the L1 visa-holder.
If the applicant is already in the United States under a different classification, and seeking a change of status to L2 classification, they will need to apply to US Citizenship and Immigration Services (USCIS) using Form I-539, Application to Change/Extend Nonimmigrant Status.
L2 visa cost & processing times
The cost of filing Form DS-160 will be $185. The L2 applicant may also be required to submit other fees depending on their country of residence, such as visa reciprocity fees.
It will typically take between 10 working days to 1 month for an L2 visa application to be processed, depending on which country the applicant is applying from. However, delays could arise if additional documentation is requested. Ideally, the L2 visa application should be filed at the same time that a visa application is made by the L1 applicant. In this way, it will be easier for the applicant to prove that a genuine family relationship exists.
How long does an L2 visa last?
The validity period of the dependant’s L2 visa is directly tied to that of the L1 visa-holder. This means that having been granted admission under L2 nonimmigrant classification, L2 visa-holders will typically be granted permission to stay for the same period as their L1 spouse or parent, where L1 visa-holders entering the US to establish a new office will be allowed an initial stay of 1 year, while all other intracompany transferees will be allowed a stay of 3 years.
The L1 visa-holder may apply for an extension of stay in increments of 2 years, until they have reached the maximum limit of 7 years for L-1A employees or 5 years for L-1B employees. The L2 visa can be extended at the same time as the renewal of the L1 visa-holder’s status.
Extending an L2 visa
To extend an L2 visa, the applicant must ensure that the L1 visa holder’s status remains valid, as the L2 visa is directly tied to the primary L1 visa holder’s employment and visa duration. If the L1 visa is extended, the L2 visa holder may also apply for an extension to continue residing in the United States.
The L2 visa extension process begins by filing Form I-539 (Application to Extend/Change Nonimmigrant Status) with US Citizenship and Immigration Services (USCIS) before the current L2 status expires. The application must include a copy of the L1 visa holder’s approved extension (Form I-797), a copy of the applicant’s Form I-94 (Arrival/Departure Record), a valid passport, proof of relationship (such as a marriage or birth certificate), and any additional required supporting documents.
If the L2 spouse has obtained work authorization, they must also renew their Employment Authorization Document (EAD) by filing Form I-765, if they previously applied for an EAD. However, L2 spouses with an unexpired I-94 marked as L-2S do not need a separate EAD for work authorization.
Processing times for an L2 extension vary, typically taking a few months, depending on USCIS workload. To avoid gaps in status, it is recommended to apply for an extension at least 45 to 60 days before the current L2 visa expires.
L2 visa to green card?
One of the biggest advantages of the L1 visa is that it is considered to be ‘dual intent’. This means that L1 visa-holders can eventually apply to become a permanent resident, also commonly known as obtaining a green card, provided they meet the qualifying requirement. This also means that if the permanent residency application of the L1 visa-holder is approved, the L2 visa-holder may also be eligible for a green card. This is because the L2 visa status is directly tied to that of the L1 primary visa-holder.
Need assistance?
NNU Immigration provide specialist advice and guidance to workers and their families applying for US visas, including applications for the L2 visa. For expert advice on your visa eligibility and the application process, contact us.
L2 visa FAQs
What is an L2 visa?
An L2 visa is a dependent visa granted to the spouse and unmarried children under 21 of an L1 visa holder. It allows them to live in the US while the primary visa holder works for a US employer.
Can an L2 visa holder work in the US?
L2 spouses can work in the US without needing a separate employment authorization document if they have an unexpired Form I-94 marked as L-2S. If they prefer, they may still apply for an EAD using Form I-765. L2 children are not allowed to work.
Can an L2 visa holder study in the US?
Yes, both L2 spouses and children can enroll in educational institutions without needing a separate student visa. They can attend schools, colleges, and universities in the US.
How long is an L2 visa valid?
An L2 visa is valid as long as the primary L1 visa holder maintains their status. If the L1 visa is extended, the L2 visa can also be renewed accordingly.
How can an L2 visa be extended?
To extend an L2 visa, the applicant must file Form I-539 with USCIS before their current visa expires. The extension must be supported by an approved extension of the L1 visa holder’s status.
Can an L2 visa holder travel outside the US?
An L2 visa holder can travel in and out of the US as long as their visa and passport remain valid. If their visa expires while outside the US, they must apply for a new L2 visa before re-entering.
Can an L2 visa holder apply for a green card?
L2 visa holders can apply for a green card if the L1 visa holder pursues permanent residency. Since the L2 is a dependent visa, the process typically follows the L1 visa holder’s green card application.
What happens if the L1 visa holder loses their job?
If the L1 visa holder loses their job and their visa is not transferred or extended, the L2 visa holder will also lose their status. The L2 holder must either apply for a change of status or leave the US before their grace period ends.
Does an L2 visa allow permanent residency?
An L2 visa does not automatically lead to permanent residency, but it allows dependents to stay in the US while the L1 visa holder is employed. If the L1 visa holder applies for a green card, the L2 dependents can be included in the application.
Is there an age limit for L2 dependent children?
Unmarried children can hold L2 status only until they turn 21. After that, they must transition to another visa, such as an F1 student visa, to remain in the US legally.
Glossary
Term | Definition |
---|---|
L2 Visa | A nonimmigrant visa for the spouse and unmarried children under 21 of an L1 visa holder, allowing them to live in the US. |
L1 Visa | A nonimmigrant work visa for managers, executives, and specialized knowledge employees transferring within a multinational company. |
Form DS-160 | An online nonimmigrant visa application form that must be completed before scheduling a visa interview. |
Form I-539 | The application used to request an extension or change of nonimmigrant status for L2 visa holders. |
Form I-765 | An application for an Employment Authorization Document (EAD), which L2 spouses may file if they want an official work permit. |
Employment Authorization Document (EAD) | A document that provides official proof of work authorization for certain nonimmigrants, including L2 spouses. |
Automatic Work Authorization | L2 spouses with an unexpired Form I-94 marked as L-2S are considered authorized to work without needing an EAD. |
Form I-94 | An arrival and departure record issued by CBP, showing a nonimmigrant’s authorized period of stay in the US. |
Class of Admission (COA) Code | A designation on Form I-94 that identifies a nonimmigrant’s status, such as L-2S for L2 spouses with automatic work authorization. |
USCIS | US Citizenship and Immigration Services, the government agency that processes visa extensions, work permits, and green card applications. |
Visa Reciprocity Fees | Fees that some L2 applicants may need to pay based on their country’s reciprocal visa policies with the US. |
Dependent Child | An unmarried child under 21 years old who qualifies for L2 status as the dependent of an L1 visa holder. |
Grace Period | A period of up to 60 days allowed for L2 visa holders to remain in the US if the primary L1 visa holder loses their job or status. |
Visa Renewal | The process of extending an L2 visa, typically by filing Form I-539 with proof of the L1 visa holder’s extended status. |
Green Card Process | L2 visa holders may apply for a green card if the L1 visa holder is pursuing permanent residency through employment sponsorship. |
Administrative Processing | A background check that may delay visa approval if additional security or eligibility reviews are needed. |
Travel Restrictions | L2 visa holders can travel freely, but if their visa expires while outside the US, they must apply for a new L2 visa before returning. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/