J2 to L2 Visa Transfer Process: Advantages, Disadvantages & Steps

Key Takeaways:

• The L2 visa is available to immediate family members of individuals holding an L1 visa for intra-company transfers.
• The process of transferring from a J2 to an L2 visa includes eligibility, application, documentation, fees, adjudication, and visa issuance.
• Advantages of switching to an L2 visa include employment authorization, longer stay, and removal of home residence requirement.

Navigating from J2 to L2 Visa Status: A Complete Guide

The journey from a J2 to an L2 visa marks a significant transition for individuals who are in the United States due to the work assignment of a spouse or parent. Comprehending the nuances of this change is crucial as it impacts your legal status, work authorization, and even your stay in the country. This guide will navigate you through the transfer process, with insights into the advantages and disadvantages.

Understanding the L2 Visa

Before delving into the transfer process, it’s important to recognize what an L2 visa entails. The L2 visa is a dependant visa, available to the immediate family members, namely spouses and children under 21, of individuals holding an L1 visa. An L1 visa is designated for intra-company transfers, allowing foreign workers to relocate to the company’s US office.

The Transfer Process: Step-by-step

The transition from a J2 to L2 visa encompasses several critical steps, each having its own requirements and timelines:

1. Eligibility

Firstly, to be eligible for the transfer, the principal visa holder must have changed their status from a J1 to an L1 visa. Once that’s established, dependants on a J2 visa can initiate their transfer to L2 status.

2. Application for Change of Status

You’d need to file Form I-539, Application To Extend/Change Nonimmigrant Status, to change from a J2 to L2 visa status without leaving the US. Ensure that this form is filed before your J2 visa expires to maintain legal status.

3. Documentation

Accompanying the I-539 form, you’ll require supporting documents such as:
– A copy of your current J2 visa
– Evidence of the principal applicant’s L1 status, like a copy of their L1 approval notice (Form I-797)
– A copy of your marriage certificate (for spouses) or birth certificate (for children)
– Proof of financial support or the principal applicant’s most recent payslips

4. Fees and Receipt

Upon submission, a fee will be charged for processing the Form I-539. After payment, you will receive a receipt notice from U.S. Citizenship and Immigration Services (USCIS), confirming the initiation of your application.

5. USCIS Adjudication and Biometrics

USCIS will review your application. In this period, you might be required to attend a biometrics appointment, where your fingerprints and photograph will be taken for identification purposes.

6. Approval and Visa Issuance

If approved, you’ll receive a notice of approval, and your status will be officially changed to L2. After this, you may apply for a visa at a U.S. embassy or consulate if you plan to travel outside the US and re-enter.

Advantages of Switching to an L2 Visa

The switch from a J2 to L2 visa bears potential benefits, such as:

• Employment Authorization: Unlike J2 visa holders, who require a separate Employment Authorization Document (EAD), L2 visa holders are inherently allowed to work in the United States without applying for work authorization.
• Longer Stay: The L2 visa may grant a longer stay compared to the J2 visa, depending on the principal L1 visa holder’s authorized period of stay.
• No Home Residence Requirement: J1 visa holders sometimes face a two-year home country physical presence requirement. Transitioning to an L2 visa effectively removes this condition.

Disadvantages to Consider

Despite the benefits, there are some drawbacks:

• Dependant on Principal Visa Holder: Your L2 status remains reliant on the L1 visa holder’s status. Any changes or loss of their status directly affects your L2 status.
• Processing Times and Costs: The application process can be lengthy, and incurred fees can be substantial. The exact processing times fluctuate, leaving some uncertainly around the duration of the transfer process.

Regardless of the advantages and potential downsides, preparing for this transition requires careful consideration and meticulous attention to detail. It is often advisable to seek guidance from immigration professionals or refer to official resources such as the USCIS website for the latest information regarding visa transfers.

To conclude, transferring from a J2 to an L2 visa comes with a specific set of procedures and requirements. This meticulous process can open doors to new opportunities and extended privileges in the United States, but it requires a thorough understanding and careful planning. By following the regulated steps and weighing the pros and cons, individuals can successfully manage their immigration statuses and continue to pursue their personal and professional aspirations in the US.

Still Got Questions? Read Below to Know More:

Can my teenager work part-time with an L2 visa if we switch from a J2 while in the US

Yes, your teenager can work part-time on an L2 visa in the United States, even if you switch from a J2 visa while in the country. The L2 visa is a dependent visa for immediate family members (spouse and children under 21) of L1 visa holders. For work authorization, your teenager who holds an L2 visa must apply for an Employment Authorization Document (EAD).

Here are the steps your teenager should follow to obtain an EAD on an L2 visa:

1. File Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS).
2. Provide the required supporting documents, such as proof of L2 visa status and a government-issued photo ID.
3. Pay the applicable fee, which can be found on the USCIS website.

Once the EAD application is approved, your teenager will receive their EAD card, allowing them to work part-time for any employer in the United States.

For accurate and up-to-date information, you can visit the official USCIS website for Employment Authorization for Dependents of L1 Visa Holders. Here is the link for your convenience: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses.

Keep in mind that J2 visa holders are also allowed to work in the U.S., but they too must obtain an EAD by filing Form I-765. The process remains largely the same after switching to an L2 visa. Remember to maintain legal immigration status throughout your stay and follow the appropriate procedures to ensure compliance with U.S. immigration laws.

Will I lose my current job if my J2 to L2 visa status change is delayed

If your J2 to L2 visa status change is delayed, it depends on the specifics of your employment authorization as a J2 visa holder and the expiration of that authorization. Generally, J2 visa holders are allowed to work if they have received an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). Here’s what you need to know:

1. Current EAD Validity: As long as your current EAD is valid, you should typically be able to continue working. However, if your J2 visa status expires or if the principal J1 visa holder’s status changes or ends and you haven’t yet received your L2 status and a new EAD, you could lose your authorization to work legally in the United States.

2. Timing of Application: If you apply for your L2 status and a new EAD before your J2 EAD expires, and the processing times extend beyond the expiration of your current EAD, you would not be authorized to continue working until the new EAD is approved.

“When your EAD expires, you must stop working unless you have already received a new EAD.”

To prevent gaps in employment authorization, it is important to file for your L2 change of status and EAD as early as possible. Application processing times can vary, so check the USCIS processing times tool for the latest information.

1. Grace Periods and Extensions: The USCIS sometimes offers grace periods or automatic extensions under certain circumstances. Yet, these provisions often do not apply to all visa categories or situations, so you should not rely on them unless explicitly stated by USCIS for J2 to L2 transitions.

For the most accurate and up-to-date information, refer to the official USCIS website for guidance on employment authorization documents and visa status changes. If your job is at risk due to a delay in your visa status change, you might also want to discuss your situation with an immigration attorney or a designated official at your place of employment to explore any possible measures to maintain your employment eligibility.

Can I travel inside the US while my L2 visa application is being processed

Yes, you generally can travel within the United States while your L2 visa application is in process. However, here are some points you should consider before making travel plans:

1. Stay within the U.S.: Ensure that your current status in the U.S. is valid. As long as you maintain lawful status, you can move around within the country. If your current visa is still valid or you are in a period of authorized stay while waiting for your L2 visa application to be processed, domestic travel should be fine.

2. Carry Proper Documentation: While traveling, carry documentation that proves your legal status in the U.S., such as a copy of your I-94 travel record and a receipt notice (Form I-797) from the U.S. Citizenship and Immigration Services (USCIS) indicating that your L2 application is pending.

3. Be Cautious with Timing: Make sure that you don’t have any required appointments or biometrics scheduled with USCIS that you would miss due to your travel. Also, understand that sometimes USCIS sends communication by mail which might require a timely response, so ensure someone can check your mail if you’re away.

It’s always a good practice to check with an immigration attorney before making any travel plans to ensure that there are no unexpected roadblocks in your situation. For more detailed information, you can visit USCIS’s official website: U.S. Citizenship and Immigration Services (USCIS).

Keep in mind that while you can travel within the U.S., leaving the country might complicate your application process or even lead to the denial of re-entry if your visa status expires while you are outside the U.S.

“If you need to travel on a temporary basis within the United States while awaiting your adjustment of status to become a permanent resident, you are free to do so.” – Department of Homeland Security

Is there a special school enrollment process for my kids on L2 visas

When your children are on L2 visas in the United States, they have the right to enroll in public schools. There is no special school enrollment process designated for L2 visa holders, meaning your children will typically follow the same enrollment procedure as U.S. residents. However, you’ll need to provide certain documents during the enrollment process, such as:

• Passport with L2 visa stamp
• Birth certificate
• Proof of residency (like a lease agreement or utility bill)
• Immunization records
• Previous school records (if applicable)

Before enrolling your children, contact the local school district office to find out about the specific requirements for enrollment, as they can vary by state and school district. Keep in mind that while L2 visa holders have access to public education, they are not eligible for federal financial student aid. For reference, check the U.S. Department of Education’s website (https://www.ed.gov/) or the specific website for the school district where you plan to reside.

It’s also important to know that your children’s ability to study is directly tied to the status of the L1 visa holder (the principal visa holder). If the L1 status changes or expires, this could affect the L2 dependents’ ability to remain enrolled in school. Make sure to keep your family’s immigration status active to avoid interruptions in their education. Should you need any further immigration-related information, always refer to the U.S. Citizenship and Immigration Services (USCIS) official website (https://www.uscis.gov/).

What happens to my L2 visa status if my spouse’s company sends them back early

If your spouse’s company decides to send them back early and they are on an L1 visa, the status of your L2 visa, which is a dependant visa, would be affected since it is directly tied to the status of the L1 visa holder.

Here is what generally happens to your L2 visa status under such circumstances:

1. End of L1 Status: The L2 visa’s validity is contingent on the L1 visa holder maintaining their status. If the L1 visa holder’s employment ends, this typically invalidates their L1 status.
2. Grace Period: There is a short grace period for L1 visa holders after the termination of employment that allows them to settle their affairs and prepare to leave the United States. This period also applies to L2 dependents.
3. Requirement to Leave: If the L1 holder’s status ends, as an L2 visa holder, you are required to leave the country unless you have taken steps to change to another immigration status. Failure to leave could result in being out of status, which can impact your ability to obtain visas in the future.

If your spouse is sent back early, to maintain lawful immigration status, you may explore options such as:

• Seeking a change of status to another visa category for which you may be eligible.
• If you are employed under L2 EAD (Employment Authorization Document), check if your employer can sponsor a work visa for you.

In any case, it’s crucial to consult with an immigration attorney or a trusted immigration consultant for personalized advice. Also, for the most current information and guidance, always refer to official resources such as the U.S. Citizenship and Immigration Services (USCIS) or the Department of State.

Remember, “It is important for L2 visa holders to maintain lawful status, and if the primary L1 visa holder loses their status, dependents must also take action to ensure they remain in legal status or depart the United States.” This emphasizes the urgency and necessity of understanding your options and acting promptly in such situations.

Learn today

Glossary or Definitions:

1. J2 Visa: A J2 visa is a dependent visa available to the immediate family members (spouse and children under 21) of individuals holding a J1 visa. The J1 visa is a cultural exchange visa that allows foreign nationals to enter the United States temporarily for educational and cultural exchange programs.

2. L2 Visa: An L2 visa is a dependent visa available to the immediate family members (spouse and children under 21) of individuals holding an L1 visa. The L1 visa is a nonimmigrant visa for intracompany transferees, allowing foreign workers to enter the United States to work for a US-based company affiliated with their foreign employer.

3. L1 Visa: An L1 visa is a nonimmigrant visa that allows foreign workers to transfer from a foreign company to a US-based company affiliated with their foreign employer. It is commonly used for intracompany transfers and is available to managers, executives, and specialized knowledge workers.

4. Change of Status: Change of status refers to the process of changing from one nonimmigrant visa status to another while remaining in the United States. It typically involves submitting an application to the US Citizenship and Immigration Services (USCIS) and meeting specific eligibility requirements.

5. Form I-539: Form I-539, Application To Extend/Change Nonimmigrant Status, is the form used to apply for a change of status from one nonimmigrant visa category to another while in the United States. It is used for various purposes, including changing from a J2 to an L2 visa status.

6. USCIS: The United States Citizenship and Immigration Services (USCIS) is the government agency responsible for processing immigration-related applications and petitions, including visa applications and changes of status.

7. Biometrics: Biometrics refers to the collection and analysis of unique physical characteristics, such as fingerprints and photographs, for identification and verification purposes. USCIS may require individuals applying for a change of status to undergo biometric capture at a designated location.

8. Approval Notice: An approval notice is a document issued by USCIS to confirm the approval of an application or petition. In the context of a change of status from J2 to L2, an approval notice confirms the successful transition to L2 status.

9. Visa Issuance: Visa issuance refers to the process of obtaining a visa from a US embassy or consulate. After obtaining an approval notice for a change of status from J2 to L2, individuals may need to apply for an L2 visa if they plan to travel outside the US and re-enter.

10. Employment Authorization Document (EAD): An Employment Authorization Document (EAD) is a document issued by USCIS that allows an individual to work legally in the United States. Unlike J2 visa holders, L2 visa holders do not need a separate EAD as they are automatically authorized to work.

11. Home Residence Requirement: The home residence requirement, commonly associated with certain J1 visa holders, refers to a condition that mandates individuals to return to their home country for a minimum of two years before they can obtain certain immigration benefits, such as changing to another nonimmigrant visa status or applying for permanent residence in the United States. Transitioning to an L2 visa effectively removes this requirement.

12. Immigration Professionals: Immigration professionals refer to individuals or entities, such as immigration attorneys, consultants, or advisors, who specialize in providing legal and professional services related to immigration matters. They can offer guidance and assistance in navigating the immigration process and can help individuals with their visa transfers.

So there you have it, folks! Navigating from a J2 to an L2 visa may seem like a daunting task, but with the right information and guidance, it becomes a manageable process. Remember, the switch to an L2 visa brings with it exciting benefits like work authorization and a longer stay. But it’s important to consider the reliance on the principal visa holder and the associated processing times and costs. If you want to dive deeper into this topic or explore more immigration-related insights, head over to visaverge.com. Happy navigating!