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Can an L-2 Visa Holder Work? Decoding the Complexities

Yes, an L-2 visa holder can work in the United States, but it’s not as straightforward as simply arriving and clocking in. While the L-2 visa is designed for the spouses and children of L-1A and L-1B visa holders (intracompany transferees), the ability to work is conditional and requires obtaining Employment Authorization Document (EAD). Let’s break down the specifics of how this process works and what L-2 visa holders need to know to legally pursue employment in the US.

Understanding the L-2 Visa and Its Purpose

The L-2 visa is a dependent visa category. It allows the spouse and unmarried children (under 21) of L-1A (executive or manager) and L-1B (specialized knowledge worker) visa holders to reside in the United States. The primary purpose of the L-2 visa is to allow families to stay together while the L-1 visa holder is working in the US for a specific duration. For many years, L-2 visa holders were not automatically authorized to work. However, significant changes have occurred that have made it easier for some L-2 spouses to gain employment authorization.

The Evolving Landscape of L-2 Employment

Historically, L-2 visa holders needed to apply for and obtain an EAD from U.S. Citizenship and Immigration Services (USCIS) to legally work. This process, while relatively commonplace, added time and uncertainty for many families. However, a significant policy change impacted certain L-2 spouses.

Automatic Extension of Employment Authorization

In recent years, USCIS implemented a rule that automatically extends the employment authorization for certain EAD holders, including L-2 spouses, who have timely filed an application to renew their EAD. This is a crucial development, meaning some L-2 spouses can continue working while their EAD renewal application is pending. However, this automatic extension is conditional. It requires meeting specific criteria, including filing the renewal application before the expiration of the current EAD and having the same category as on the expiring EAD (in this case, L-2).

Obtaining an Employment Authorization Document (EAD)

The primary method for an L-2 visa holder to legally work in the US is by obtaining an EAD. Here’s a detailed breakdown of the process:

Eligibility for an EAD

To be eligible for an EAD as an L-2 visa holder, you must:

Be the spouse or child of an L-1A or L-1B visa holder.
Maintain valid L-2 status.
File Form I-765, Application for Employment Authorization, with USCIS.

The Application Process

The process involves several key steps:

Gather Required Documents: This includes a copy of your L-2 visa, Form I-94 (Arrival/Departure Record), a copy of your marriage certificate (if applying as a spouse), passport photos, and copies of your L-1 spouse’s visa and I-94.
Complete Form I-765: This form is crucial and must be filled out accurately. The correct category to select is typically (c)(26) for L-2 spouses. Be sure to read the instructions carefully.
Pay the Filing Fee: USCIS charges a fee for processing Form I-765. Check the USCIS website for the most current fee schedule.
Submit Your Application: Mail your completed application, supporting documents, and fee to the appropriate USCIS lockbox, as specified on the USCIS website.
Attend a Biometrics Appointment (if required): USCIS may require you to attend an appointment to provide fingerprints and a photograph.
Wait for Approval: USCIS will process your application and, if approved, issue your EAD. Processing times can vary, so it’s important to check the USCIS website for estimated processing times.

Validity of the EAD

The EAD is typically valid for a period of one or two years, coinciding with the validity of the L-2 status. It’s crucial to apply for a renewal well in advance of the expiration date to avoid any gaps in employment authorization. Remember the automatic extension rule only applies if the renewal application is filed before the expiration date.

Types of Employment Allowed with an EAD

With a valid EAD, an L-2 visa holder can generally engage in any legal employment in the United States. This includes:

Working for any employer: Unlike some other visa categories that restrict employment to a specific employer, an EAD allows you to work for any company that is willing to hire you.
Starting your own business: An EAD allows you to be self-employed and start your own company.
Working part-time or full-time: You are not limited to a specific number of hours you can work.

Restrictions and Limitations

While an EAD provides significant flexibility, there are still some considerations:

Maintaining L-2 Status: Your ability to work is contingent on maintaining valid L-2 status. If the L-1 visa holder’s status expires or is revoked, your L-2 status, and consequently your EAD, will also be affected.
EAD Renewal: It is crucial to renew your EAD well in advance of its expiration date to avoid any lapse in employment authorization.
Travel: While an EAD allows you to work in the US, it doesn’t guarantee re-entry into the US if you travel abroad. You will still need a valid L-2 visa to re-enter.

Frequently Asked Questions (FAQs)

Here are some frequently asked questions regarding L-2 visa holders and employment:

1. Can an L-2 visa holder volunteer without an EAD?

Generally, performing services that would normally be compensated constitutes employment. Therefore, even unpaid volunteering may require an EAD if the work is the type that is typically paid.

2. How long does it take to get an EAD for an L-2 visa holder?

Processing times vary, but it typically takes several months to receive an EAD after filing Form I-765. Check the USCIS website for the most up-to-date processing times.

3. What happens if my EAD expires while my renewal application is pending?

As mentioned, certain L-2 spouses may be eligible for an automatic extension of their employment authorization if they filed their renewal application before the expiration date and meet other specific criteria. If you are not eligible for an automatic extension, you must stop working until your new EAD is approved.

4. Can an L-2 child (under 21) work in the US?

Children under 21 are eligible for L-2 status, but they are generally not eligible for an EAD unless they are also married. However, once they turn 21, they are no longer eligible for L-2 status.

5. Is there a fee to apply for an EAD?

Yes, USCIS charges a fee for filing Form I-765. The fee amount is subject to change, so check the USCIS website for the latest fee schedule.

6. What documents do I need to apply for an L-2 EAD?

You will need a copy of your L-2 visa, Form I-94, a copy of your marriage certificate (if applying as a spouse), passport photos, and copies of your L-1 spouse’s visa and I-94.

7. Can I apply for an EAD at the same time as my L-2 visa?

You can file Form I-765 concurrently with Form I-539 (Application to Extend/Change Nonimmigrant Status) when applying for L-2 status. This can potentially streamline the process.

8. What is the EAD category for L-2 spouses?

The EAD category for L-2 spouses is typically (c)(26). It’s essential to ensure you select the correct category on Form I-765.

9. Can an L-2 visa holder study in the US?

Yes, L-2 visa holders can enroll in schools and universities in the United States without needing a separate student visa.

10. What happens to my EAD if my L-1 spouse’s visa is revoked or expires?

Your L-2 status is dependent on the L-1 status. If the L-1 visa is revoked or expires and is not extended, your L-2 status and EAD will also be affected. You will need to depart the US or seek an alternative visa status.

11. Can I travel outside the US while my EAD application is pending?

While it’s technically possible, it’s generally not advisable to travel outside the US while your EAD application is pending. You may face difficulties re-entering the country without the EAD. Consult with an immigration attorney before traveling.

12. My EAD application was denied. What are my options?

If your EAD application is denied, you may be able to file a motion to reopen or reconsider the decision with USCIS. Alternatively, you may need to depart the US and reapply or seek a different visa status. It is highly recommended to consult with an experienced immigration attorney to assess your options and navigate the appeals process.

Navigating the complexities of the L-2 visa and employment authorization requires careful attention to detail. By understanding the requirements, following the proper procedures, and staying informed about policy changes, L-2 visa holders can successfully pursue their professional goals in the United States.