Key Takeaways:

• The L2 Visa is a dependent visa that allows the immediate family members of L1 Visa holders to stay in the United States.
• The process of transferring from a J1 to an L2 Visa involves filing Form I-539 and waiting for approval from USCIS.
• Advantages of transitioning to an L2 Visa include work flexibility, lengthier stay, and a path to a green card. Disadvantages include dependence on the L1 Visa holder and potential processing delays.

Understanding the J1 to L2 Visa Transfer Process

Moving from a J1 to an L2 Visa can be a significant decision for many individuals currently on a cultural exchange program in the United States. Understanding the intricacies of this process is crucial for a smooth transition. In this post, we’ll explore how you can transfer from a J1 Visa to an L2 Visa, including the advantages and potential disadvantages of making such a move.

What is an L2 Visa?

Before delving into the transfer process, it’s essential to know what an L2 Visa is. The L2 Visa is a dependent visa that allows the immediate family members of L1 Visa holders to enter and stay in the United States. It’s typically valid for the same period as the L1 Visa.

The Transfer Process

The transfer from a J1 to L2 Visa involves several steps:

1. L1 Visa Holder Status: Ensure that your spouse or parent has a valid L1 Visa.

2. J1 Visa Status: You must be in the United States with a valid J1 Visa status.

1. Form I-539: You will need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS).

2. Documentation: Gather all necessary documentation, including your marriage certificate or birth certificate to prove the relationship with the L1 Visa holder.

3. Application Fee: Pay the required application fee for the I-539 form.

4. Wait for Approval: After submitting the form and the necessary documentation, you will need to wait for USCIS to process and approve your application.

It’s important to note that you cannot start working on an L2 Visa until you receive an Employment Authorization Document (EAD).

Advantages of Transitioning from J1 to L2 Visa

Work Authorization Flexibility

Unlike the J1 Visa, which may have specific work restrictions, an L2 Visa holder, once they have received their EAD, can work in any field. This flexibility can be hugely beneficial for those who wish to pursue different career opportunities.

Lengthier Stay

L2 Visas are generally granted for the duration of the L1 Visa holder’s authorized stay. This period can be longer than that of a typical J1 Visa, allowing for a more extended stay in the U.S.

Path to Green Card

L2 Visa holders can eventually apply for a green card, providing a clear path to permanent residency. The L1 Visa, which the L2 is dependent on, is a dual-intent visa, meaning you can seek permanent residency without jeopardizing your L visa status.

Potential Disadvantages

Dependence on L1 Visa Holder

Your L2 Visa status is wholly dependent on the status of the L1 Visa holder. If the L1 Visa holder loses their job or changes status, it could affect your L2 Visa status.

Processing Times

The processing times for Form I-539 can be lengthy, and this period of uncertainty can be challenging for some applicants.

Approval Uncertainty

As with most immigration applications, there’s always the risk of denial. It’s vital to ensure that all information and documentation is accurate to minimize this risk.

Preparing for Your Visa Transfer

To increase the chance of a successful transfer, be sure to:

• Start the process early to account for application processing times.
• Have all required documentation organized and ready for submission.
• Consult with an immigration attorney if you have any complications or questions.

Conclusion

Transferring from a J1 to an L2 Visa can offer numerous benefits, such as increased work flexibility and the potential for an extended stay in the U.S. However, it’s vital to consider the disadvantages, such as dependence on the L1 Visa holder and the possibility of application denial. Careful planning and thorough preparation are key to a successful visa transition.

For more information on the J1 to L2 Visa transfer process, visit the official USCIS website at U.S. Citizenship and Immigration Services.

Remember, immigration laws can be complex and changing, so always seek professional advice tailored to your specific circumstance.

Still Got Questions? Read Below to Know More:

“What if my spouse’s L1 job offer falls through after I’ve applied for the L2

If your spouse’s L1 job offer falls through after you’ve applied for the L2 visa, here’s what you need to consider:

1. Visa Status Dependency: The L2 visa is entirely dependent on the L1 visa holder’s employment status. If the L1 visa holder’s job offer falls through, they will no longer be eligible to maintain their L1 status. Consequently, your L2 visa application will also be affected because it hinges on your spouse’s L1 status.

2. Notify USCIS: You and your spouse are required to notify the United States Citizenship and Immigration Services (USCIS) if there is a significant change in employment status. Not doing so can lead to complications or even violation of immigration laws.

3. Options: It’s important to explore your options quickly:

   • If your spouse finds another eligible L1 position, they may need to file a new L1 petition, and you may also need to reapply for your L2 visa.
   • If your spouse cannot find another L1 job, you may have to leave the United States, as the L1 and L2 visas are not valid without the L1 visa holder’s employment.

For official guidance, always refer to the USCIS website or consult an immigration attorney. Remember that immigration situations can be complex, and rules may change, so it’s crucial to stay informed and get professional advice if needed.

For details on visa loss upon job termination, you can visit the USCIS Change of Status resource or their Work Visa page for more information on L1 and L2 visas.

“Do I have to keep the same job on an L2 visa that I had on a J1 visa

As an L2 visa holder, you are not required to keep the same job that you had while on a J1 visa. The J1 visa, which is for exchange visitors participating in work-and study-based exchange visitor programs, typically has specific requirements related to the program you were participating in. On the other hand, the L2 visa is a dependent visa issued to the spouse and unmarried children under 21 years of age of L1 visa holders, who are transferred to the U.S. to work for the same company or its affiliate or subsidiary.

Holding an L2 visa provides you with certain privileges, including the ability to apply for work authorization by filing Form I-765, “Application for Employment Authorization,” with the U.S. Citizenship and Immigration Services (USCIS). Once you receive your Employment Authorization Document (EAD), you can work in any legal occupation, without restriction to the job you held previously on a J1 visa.

For the most accurate and updated information, it’s always important to refer to official resources or consult with an immigration attorney. For more information regarding the L2 visa and employment authorization, you can visit the official USCIS website via this link: USCIS – Working in the United States. Additionally, the application process and related forms such as Form I-765 can be found here: USCIS – Form I-765.

“Can my kids go to school in the U.S. while we switch from J1 to L2 visas

Yes, your children can attend school in the U.S. while your family switches from a J1 to an L2 visa. The transition period between visas is commonly referred to as ‘change of status’ (COS). It is important to ensure that while applying for the change of status, your family maintains legal status within the United States, meaning your J1 visa should not expire during this process.

According to the U.S. Citizenship and Immigration Services (USCIS), children on an L2 visa are allowed to enroll in schools in the U.S. without any additional authorization. Here’s a direct quote from the USCIS which applies to dependents with L2 status:

“Dependents of an individual with a valid L nonimmigrant visa are authorized to attend school in the United States.”

The key is to ensure that the COS application is filed before the J1 visa expires and to maintain a legal status while the COS is pending. With a valid status, your children can continue or start their educational activities. Moreover, once the L2 status is approved, they can continue their education seamlessly.

For more detailed information about change of status and specifics about the L2 visa, you can visit the following authoritative immigration sources:

• USCIS Change of Status: Change My Nonimmigrant Status
• U.S. Department of State on L2 Visa: L-2 Visa

“Will my J1 visa ‘two-year rule’ affect switching to an L2 visa

Certainly! If you are on a J1 visa subject to the two-year home country physical presence requirement, also known as the “two-year rule,” it can indeed affect your ability to switch to an L2 visa. The two-year rule requires J1 visa holders to return to their home country for at least two years after their J1 program ends before they are eligible to switch to certain other visa types or adjust their status within the United States.

Here is what you need to know:
– If subject: If your J1 visa is subject to the two-year rule, you must either fulfill that requirement or obtain a waiver before you can change your status to an L2 visa.
– If not subject: If your J1 visa is not subject to the two-year rule, you can apply for an L2 visa without needing to return to your home country for two years.

If you wish to switch to an L2 visa without going back to your home country for two years, you would need to apply for a waiver of the two-year rule. The U.S. Department of State’s Waiver Review Division handles these requests, and the waiver can be granted under several circumstances, such as no objection statements from your home government, or in cases of exceptional hardship or persecution.

For official information and instruction on applying for a waiver of the two-year rule, you can visit the U.S. Department of State’s J1 Visa Exchange Visitor Program website:
Two-Year Home-Country Physical Presence Requirement Waiver

Remember, the process of obtaining a waiver can be complex and time-consuming, so it’s important to plan accordingly and consider consulting with an immigration attorney to guide you through this process.

“Can I travel back to my home country during the J1 to L2 visa transfer process

Yes, you can travel back to your home country during the J1 to L2 visa transfer process, but there are important considerations to keep in mind:

1. Valid L2 Visa: You must have a valid L2 visa stamped in your passport to re-enter the United States. If your L2 visa has not yet been stamped, you will need to schedule a visa interview at a U.S. Embassy or Consulate in your home country to obtain it.
2. Form I-129: If you have already applied for a change of status within the U.S. and your application (Form I-129) is pending, leaving the country could be seen as abandoning your application. It’s essential to consult with an immigration attorney to understand the implications of travel on your case.
3. Re-entry Permit: If you must travel while your L2 status is pending, make sure to carry proper documentation, such as your spouse’s L1 visa, your marriage certificate, and any paperwork that shows your L2 application is in process.

It is crucial to plan your travel carefully and consider the timing of the visa transfer process. Remember that re-entry to the U.S. is not guaranteed and is always at the discretion of the Customs and Border Protection officers at the port of entry.

The U.S. Department of State’s Bureau of Consular Affairs website provides valuable resources and information on visa processing and interviews: U.S. Visas – Travel.

“If you decide to travel while your change of status application is pending, be prepared to apply for an L2 visa at a U.S. Embassy or Consulate abroad before returning. This could require you to wait for a visa appointment and issuance, leading to potential delays in your return to the U.S.”

Always check the latest regulations before making travel plans, as immigration policies and procedures can frequently change.

Learn today

Glossary

J1 Visa: A nonimmigrant visa that allows individuals to participate in a cultural exchange program in the United States. It is a temporary visa that is often used for educational and cultural purposes.

L2 Visa: A dependent visa that allows the immediate family members of L1 Visa holders to enter and stay in the United States. It is typically valid for the same period as the L1 Visa.

L1 Visa: A nonimmigrant visa that allows multinational companies to transfer employees from foreign offices to the United States. It is commonly used for intra-company transfers.

USCIS: U.S. Citizenship and Immigration Services. USCIS is a government agency responsible for the administration of immigration and naturalization in the United States.

Form I-539: An application form used to extend or change nonimmigrant status in the United States. It is required for transferring from a J1 Visa to an L2 Visa.

Application Fee: The fee that must be paid when submitting an immigration application, such as Form I-539. The fee amount may vary depending on the specific application type.

Employment Authorization Document (EAD): A document issued by USCIS that allows nonimmigrant visa holders, such as L2 Visa holders, to work legally in the United States.

Dual-Intent Visa: A visa that allows the holder to have both temporary nonimmigrant intent and long-term immigrant intent, meaning they can seek permanent residency without jeopardizing their nonimmigrant status.

Green Card: A common term for a Permanent Resident Card, which is evidence of an individual’s lawful permanent resident status in the United States.

Processing Times: The estimated amount of time it takes for USCIS to review and make a decision on an immigration application. Processing times can vary depending on the type of application and other factors.

Immigration attorney: A lawyer who specializes in immigration law and can provide legal advice and assistance to individuals navigating the immigration process.

So there you have it, folks! Transferring from a J1 to an L2 Visa can open up a world of opportunities, but it’s important to weigh the pros and cons. Remember, this process can be complex, so if you need more guidance, visit visaverge.com for expert advice and personalized assistance. Good luck on your visa journey!