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L-2 Dependent Status

L-2 Dependent Status Overview

L-2 is a nonimmigrant dependent status for spouses and unmarried children under 21 of L-1 intracompany transferees. A key advantage of L-2 status is that spouses are automatically eligible for work authorization, providing greater flexibility than many other dependent visa categories.

Key Advantages of L-2 Status

  • Automatic work eligibility for spouses (no employer sponsorship needed)
  • Unrestricted employment - can work for any employer
  • Entrepreneurship allowed - can start own business
  • Educational opportunities for all family members
  • Travel flexibility with valid L-2 visa
  • Path to permanent residence often available

L-2 vs Other Dependent Categories

  • L-2: Automatic spouse work authorization
  • H-4: Work authorization only for specific criteria
  • E-2: Spouse work authorization with restrictions
  • F-2: No work authorization for dependents
  • B-2: No work or study authorization

L-2 Status Eligibility Requirements

Basic L-2 Qualification Criteria

  • Must be the spouse of an L-1 worker in valid status
  • Must be the unmarried child under 21 years of age of an L-1 worker
  • Must not be independently eligible for any other nonimmigrant status
  • Must maintain lawful status throughout stay in the United States
  • Must depart the United States when L-1 principal's status ends
  • Must demonstrate financial support and ties to ensure departure

L-2 Spouse Work Authorization

Automatic Work Eligibility for L-2 Spouses

  • L-2 spouses are automatically eligible for work authorization
  • No separate petition or employer sponsorship required
  • Can work for any employer in any capacity
  • Can start own business or work as independent contractor
  • Must apply for Employment Authorization Document (Form I-765)
  • Work authorization tied to L-1 principal's authorized stay period

Major Advantage: Unlike H-4 spouses who need specific qualifying criteria, L-2 spouses are automatically eligible for unrestricted work authorization simply by virtue of their L-2 status.

Work Authorization Options for L-2 Spouses

Two Pathways to Work Authorization:

Option 1: Incident to Status
  • • Work authorization automatic with valid L-2 status
  • • No separate EAD application required
  • • Use I-94 showing L-2 admission for employment verification
  • • Available immediately upon L-2 status approval
Option 2: EAD Application
  • • File Form I-765 for Employment Authorization Document
  • • Provides physical card for employment verification
  • • May be preferred by some employers
  • • Processing time: 8-12 months
  • 540-day automatic extension available if renewing timely (effective Jan 13, 2025)

Current Policy: L-2 spouses can work with just valid L-2 status documentation. EAD is optional but may be helpful for employment verification purposes.

EAD Extension Update: If choosing to obtain an EAD, renewals filed timely now receive up to 540-day automatic extension (effective January 13, 2025), providing greater work authorization continuity during processing delays.

Application Process

Complete L-2 Status and Work Authorization Process

1

L-1 Principal Obtains Status

The L-1 worker must first obtain valid L-1 status through employer petition demonstrating intracompany transfer requirements.

Already completed
Required Documents:
  • L-1 worker's I-94 arrival/departure record
  • Copy of L-1 approval notice (I-797)
  • Valid passport with L-1 visa (if entering from abroad)
2

Apply for L-2 Status

Spouse and children apply for L-2 status either by filing Form I-539 in the U.S. or applying for L-2 visa at consulate abroad.

8-12 months if changing status; 2-8 weeks at consulate
Required Documents:
  • Form I-539 (if in U.S.) or DS-160 (if abroad)
  • Copy of L-1 principal's I-797 approval notice
  • Marriage certificate (for spouse) or birth certificate (for children)
  • Evidence of relationship to L-1 principal
3

Apply for L-2 EAD (Spouses Only)

L-2 spouses file Form I-765 to obtain Employment Authorization Document for work in the United States.

8-12 months
Required Documents:
  • Form I-765 Application for Employment Authorization
  • Copy of L-2 approval or valid L-2 status documentation
  • Marriage certificate and relationship evidence
  • Copy of L-1 principal's I-797 approval notice

L-2 EAD Application Process

Employment Authorization for L-2 Spouses

1

Confirm L-2 Status

Ensure valid L-2 status before applying for employment authorization. L-2 spouses are automatically eligible.

Ongoing requirement
2

File Form I-765

Submit employment authorization application with required documentation and fees.

8-12 months processing
3

Receive EAD Card

Upon approval, receive Employment Authorization Document allowing work for any employer.

2-3 weeks after approval

Benefits and Opportunities

L-2 Status Benefits

  • Legal status to remain in United States as long as L-1 principal maintains status
  • Automatic work eligibility for spouses (after obtaining EAD)
  • No restrictions on type of employment or employer for spouses
  • Ability to start own business or work as independent contractor
  • Educational opportunities including enrollment in universities
  • Access to driver's licenses and state benefits
  • Travel flexibility with valid L-2 visa

L-2 Children's Rights

  • Can attend elementary, middle, and high school programs
  • Eligible for in-state tuition rates in many states
  • Can enroll in colleges and universities
  • May qualify for certain scholarships and financial aid
  • Can participate in school activities and sports
  • No work authorization available for L-2 children
  • Must change status before aging out at 21

L-2 vs Other Dependent Categories

How L-2 Compares to Other Dependent Statuses

  • L-2 spouses get automatic work authorization (vs. H-4 spouses need specific criteria)
  • L-2 status tied to L-1 duration (typically 1-2 years initial, extendable)
  • L-2 work authorization has no restrictions on employer or job type
  • L-2 children cannot work (similar to H-4 children)
  • L-2 status generally processed faster than H-4 applications
  • Both L-2 and H-4 children lose status when turning 21 or marrying

Change of Status Options

Options for L-2 Holders

  • L-2 to F-1 (Student): Popular option for pursuing education independently
  • L-2 to B-1/B-2 (Visitor): For temporary visits if L-1 status ends
  • L-2 to other work visa: Must qualify independently (H-1B, O-1, etc.)
  • L-2 to permanent resident: Through family-based or employment-based petitions
  • Return to home country: If unable to maintain legal status

Planning Tip: Many L-2 holders change to F-1 student status for educational opportunities or to maintain legal status independently of the L-1 principal.

Status Maintenance and Renewal

Maintaining L-2 Status

  • File renewal application before current L-2 status expires
  • L-1 principal must maintain valid status and employment
  • Provide updated documentation of continued relationship
  • Pay required filing fees for extension applications
  • L-2 EAD must be renewed separately if spouse wants to continue working
  • Maintain qualifying criteria throughout authorized stay

Important: L-2 status and L-2 EAD have separate validity periods and must be renewed independently. Plan renewal applications well in advance.

Common Challenges and Solutions

Frequent Issues for L-2 Families

  • Processing delays for both L-2 status and EAD applications
  • Gap in work authorization during EAD renewal periods
  • Children aging out when turning 21 years old
  • Dependence on L-1 principal's continued employment and status
  • Limited initial validity period requiring frequent renewals
  • Travel restrictions during pending status applications

Practical Solutions and Best Practices

  • Apply for EAD immediately: File Form I-765 as soon as L-2 status is approved or obtained
  • Plan renewal timing: File extensions before current status expires to maintain continuous authorization
  • Prepare for aging out: Help children plan alternative status options before turning 21
  • Build career during L-2: Use unrestricted work authorization to establish professional credentials
  • Document everything: Maintain records of all applications, approvals, and employment history
  • Consider permanent residence: Explore green card options while in L-2 status

Special Considerations

Entrepreneurship Opportunities

L-2 spouses can start their own businesses:

  • • No restrictions on type of business
  • • Can be sole proprietor or partner
  • • Can hire employees and manage operations
  • • Must comply with all business licensing requirements
  • • Consider tax implications and business structure

Path to Permanent Residence

L-2 families often have green card options:

  • • L-1A workers may qualify for EB-1C green cards
  • • L-1B workers may pursue EB-2 or EB-3 categories
  • • Family-based options if qualifying relatives
  • • L-2 work experience may support independent petitions

Current Fees and Processing Times

Application Fees (2025)

  • Form I-539 (L-2 Extension/Change): $420 (online) / $470 (paper)
  • Form I-765 (L-2 EAD): $410 (optional - work auth automatic with status)
  • Biometric Services Fee: $85 (if required)
  • L-2 Visa Application (DS-160): $205 (petition-based visa)
  • Fraud Prevention Fee: $500 (for L visa categories)

Fee Note: Remember that L-2 spouses can work without an EAD, so Form I-765 is optional. Use the USCIS Fee Calculator for current amounts.

H.R. 1 Alert: Additional fees may take effect July 22, 2025, under H.R. 1 provisions. Monitor USCIS announcements for updates affecting L visa categories.

Processing Times (Approximate)

  • L-2 Extension/Change of Status: 8-14 months
  • L-2 EAD Application: 8-12 months
  • L-2 EAD Renewal: 8-12 months
  • L-2 Visa at Consulate: 2-8 weeks after interview
  • Premium Processing: Not available for L-2 applications

Travel and Reentry Considerations

Travel Requirements

  • • Valid L-2 visa required for reentry to United States
  • • L-2 visa validity separate from status validity
  • • Can travel while L-2 EAD application is pending
  • • Automatic revalidation may apply for brief trips to Canada/Mexico
  • • Keep all status documentation while traveling

Working While Abroad

  • • Can work remotely for U.S. employer while abroad temporarily
  • • Extended absence may affect tax residency status
  • • Consider visa requirements for extended stays abroad
  • • Maintain U.S. ties if planning to return to L-2 status

Additional Resources

USCIS Form I-539

Application to extend or change L-2 status

Visit USCIS(opens in new tab)

USCIS Form I-765

Application for L-2 Employment Authorization Document

Visit USCIS(opens in new tab)

State Department L Visas

Information on L-1 and L-2 visa applications at consulates

Visit State Department(opens in new tab)

Small Business Administration

Resources for L-2 spouses starting businesses

Visit SBA(opens in new tab)

Maximizing L-2 Opportunities

L-2 status offers unique opportunities, particularly for spouses who gain unrestricted work authorization. Many L-2 holders use this period to build careers, start businesses, or pursue education that sets them up for long-term success in the United States.

Consider consulting with immigration and business professionals to fully understand and utilize the opportunities available through L-2 status.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. L-2 requirements and procedures can change. Always consult official USCIS guidance and consider seeking professional legal advice for your specific situation. Information current as of 2025.