Key Takeaways:
- Understanding the B1 and L2 Visa Categories: B1 visa for business activities, L2 visa for dependents of L1 visa holders.
- The Transfer Process: Steps include eligibility check, Form I-539 submission, necessary documentation, waiting for approval, and status change.
- Advantages and Disadvantages of Transferring to an L2 Visa: Benefits include work authorization, longer stay, education pursuits, and travel, while drawbacks include processing time, costs, and dependence on L1 visa.
Switching Your Immigration Status: From B1 to L2 Visa
Navigating through the complex waters of U.S. immigration policies can seem daunting. However, individuals currently on a B1 visa may find themselves in a position where changing their status to an L2 visa is beneficial. In this post, we’ll break down this transfer process, and discuss the associated pros and cons.
Understanding the B1 and L2 Visa Categories
Before delving into the transfer process, it’s crucial to understand what each visa type entails. The B1 visa is a non-immigrant visa that allows individuals to enter the U.S. for business-related activities, while the L2 visa is a dependent visa for spouses and children of L1 visa holders, who are transferred to the U.S. for work.
The Transfer Process: B1 Visa to L2 Visa
To transfer from a B1 visa to an L2 visa, follow the steps below:
- Check Eligibility: Ensure that the primary L1 visa holder has a valid visa and that you qualify as a dependent.
- File Form I-539: Submit the Form I-539, Application to Extend/Change Nonimmigrant Status, to the USCIS before your B1 visa expires.
- Provide Necessary Documentation: This includes evidence of the L1 visa holder’s status, marriage certificate or birth certificate proving the relationship, and proof of maintained B1 status.
- Wait for Approval: After submission, there will be a waiting period for the USCIS to process the application.
- Receive Status Approval: Once approved, your status will be changed to L2 visa category.
Remember, it’s essential to file the Form I-539 before your current B1 visa expires, or you risk violating U.S. immigration laws.
Consult the official United States Citizenship and Immigration Services (USCIS) website for up-to-date information and detailed instructions.
Advantages of Transferring to an L2 Visa
Transferring to an L2 visa offers several benefits:
- Work Authorization: L2 visa holders are eligible to work in the U.S. after obtaining an Employment Authorization Document (EAD).
- Duration of Stay: Your stay is tied to the primary L1 holder’s status, often allowing for a longer residency than a B1 visa.
- Education Pursuits: You can study on an L2 visa without having to change to a student visa.
- Travel: With an L2 visa, you can travel in and out of the U.S. as long as your visa is valid.
Disadvantages of the Transfer
Transferring to an L2 visa may also present certain drawbacks:
- Processing Time: The application process can be lengthy, and during this period, you may not have authorization to work.
- Costs: Filing fees and potential legal expenses could influence your decision.
- Dependence on L1 Visa: Your legal status in the U.S. is tied to the primary L1 visa holder.
Weighing Your Options
When considering a transfer from a B1 to L2 visa, it’s important to weigh these advantages and disadvantages in light of your unique circumstances. Consulting with an immigration attorney can provide personal guidance tailored to your situation.
For those eligible, transferring from a B1 to an L2 visa can open up new opportunities to work and live in the U.S. with fewer restrictions than a B1 visa offers. However, the choice to transfer should be made after careful consideration of all implications, both positive and negative.
For additional information and assistance, the U.S. Department of State and USCIS offer extensive resources to aid in your visa transfer process.
Still Got Questions? Read Below to Know More:
If I travel back to my home country while my B1 to L2 status change is pending, will it affect my application
Traveling outside the United States while your B1 to L2 status change is pending can indeed affect your application. According to the U.S. Citizenship and Immigration Services (USCIS), if you depart the United States before the USCIS makes a decision on your application, your application for a change of status is generally considered abandoned. Here is a direct quote from the USCIS regarding this matter:
“If you travel while your change of status application is pending and before USCIS makes a decision, we will consider your application abandoned.”
Here’s what you need to know about the implications of traveling during this time:
- Application Abandonment: Leaving the U.S. may lead to USCIS considering your change of status application abandoned.
- Reapplication Requirement: You might have to reapply for the L2 visa at a U.S. consulate or embassy in your home country, essentially starting the process over.
- Impact on Reentry: Upon returning to the U.S., you may be admitted under your original B1 status or may need to apply for entry under L2 status if you have obtained the visa abroad.
It’s important to check the official USCIS guidance or consult with an immigration attorney before making travel plans. For more information and updates, you can refer to the official USCIS website: USCIS – Change My Nonimmigrant Status.
In conclusion, traveling back to your home country while your status change is pending is not recommended as it may disrupt the application process. If travel is unavoidable, consider the need to reapply for the appropriate visa and the potential implications on your reentry to the United States.
What happens if my spouse’s L1 visa gets renewed while my L2 application is still pending
If your spouse’s L1 visa gets renewed while your L2 visa application is still pending, you should not worry too much. Here’s what typically happens in such situations:
- Continuation of Status: Your status as an L2 visa holder is dependent on the validity of your spouse’s L1 visa. In most cases, as long as the renewal of the L1 visa is approved before the current one expires, your L2 status would continue to be valid under the same terms as before until a decision is made on your pending application.
Updated Information: You might need to provide updated information to the United States Citizenship and Immigration Services (USCIS) regarding the renewal of your spouse’s L1 visa. This ensures that the pending L2 application reflects the latest changes in your spouse’s visa status.
No Automatic Updates: Be aware that the USCIS may not automatically know about the status of your spouse’s L1 visa renewal. Therefore, it’s important to communicate any changes regarding your spouse’s L1 status to the USCIS yourself.
“If your spouse’s L1 status is extended, you should inform USCIS and provide a copy of the new L1 approval notice to ensure that your L2 application can be processed appropriately based on the current status.”
For further guidance and to ensure proper documentation is filed, you can visit the official USCIS website or contact USCIS directly for more personalized advice: USCIS Contact Information.
Remember, immigration issues can be complex, and each case can be unique, so for the most accurate advice tailored to your specific situation, it would be best to consult directly with immigration professionals or attorneys.
Do my kids need to apply for separate L2 visas, or can it be done as a family unit under the primary L1 holder
When the primary visa holder applies for an L1 visa, which is designed for intracompany transferees, their dependents, including spouse and unmarried children under 21 years of age, must apply for L2 visas. Each dependent must submit a separate visa application, but the process can be done together as a family.
To apply for L2 visas for your kids, here’s what you need to know:
- Separate Application Forms: Each child must have their own Form DS-160, which is the Online Nonimmigrant Visa Application. However, your family can schedule a group appointment to attend the visa interview at the embassy or consulate together.
Documentation: When applying, you will need to provide evidence of the familial relationship, such as birth certificates for each child, in addition to their individual application materials. Also, documents proving the primary L1 holder’s visa status and employment are necessary to include in each child’s application.
Visa Fees and Interview: Each child must pay the visa application fee. Although the family can attend the interview together, the consular officer will still evaluate each application on its own merits.
“Pay the visa application fee.” – A statement which implies that every applicant needs to pay individually.
Remember, even though the applications are done separately, gathering and preparing for the family’s L2 visa applications at the same time as the primary L1 is usually more efficient and can help in streamlining the overall process. Always refer to the official U.S. Department of State website for the most accurate and updated information.
Can I start a new job while waiting for my L2 visa approval if I’m currently on a B1
No, you generally cannot start a new job while waiting for your L2 visa approval if you are currently in the U.S. on a B1 visa. The B1 visa is typically for business visitors involved in activities such as consulting with business associates, attending scientific, educational, professional, or business conventions/conferences, settling an estate, or negotiating contracts. It does not allow the visa holder to be employed in the United States.
If you apply for an L2 visa as the spouse or dependent child of an L1 visa holder, you must wait until your L2 visa is approved before you can legally work in the U.S. Once you have been granted L2 status, you may then apply for an Employment Authorization Document (EAD) by filing Form I-765 with U.S. Citizenship and Immigration Services (USCIS). Only after receiving your EAD are you permitted to begin employment.
For more detailed information, visit the official USCIS page regarding Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses here: USCIS Employment Authorization. And to understand the limitations of a B1 visa visit: B1 Temporary Business Visitor.
Are there any restrictions on the kinds of business activities I can do on a B1 visa while waiting for my L2 change of status
Absolutely, there are certain restrictions on the types of business activities you can engage in while on a B1 visa, which is designated for temporary business visitors, and while awaiting a change of status to L2.
On a B1 visa, your activities are limited to business tasks that do not constitute “gainful employment” in the U.S. These can include:
– Attending business meetings or consultations
– Attending a conference or a seminar
– Negotiating contracts
– Discussing planned investment or purchases
However, you cannot receive payment from a U.S. source for any services rendered or participate in the day-to-day operations of a business. In other words, your work should not enter the U.S. labor market. As per the U.S. Department of State, “An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.”
Once your status changes to L2, as the spouse or minor child of an L1 visa holder, you may apply for an Employment Authorization Document (EAD) that would allow you to work in the United States without restriction. It is crucial to wait for your EAD before commencing any work that would be considered employment.
For more detailed information, you can refer to the official U.S. Department of State – Visitor Visa page and the USCIS – Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses page. These resources will provide authoritative guidance on what is permissible under a B1 visa and the L2 status.
- U.S. Department of State – Visitor Visa: https://travel.state.gov/content/travel/en/us-visas/business.html
- USCIS – Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information/employment-authorization-for-certain-h-4-e-and-l-nonimmigrant-dependent-spouses
Learn today
Glossary or Definitions:
1. B1 Visa: A non-immigrant visa that allows individuals to enter the United States for business-related activities.
2. L2 Visa: A dependent visa for spouses and children of L1 visa holders, who are transferred to the United States for work.
3. Transfer Process: The process of changing immigration status from one visa category to another.
4. USCIS: United States Citizenship and Immigration Services, the government agency responsible for overseeing immigration and naturalization matters in the United States.
5. Form I-539: Application to Extend/Change Nonimmigrant Status, a form that must be submitted to USCIS to apply for a change of immigration status.
6. Eligibility: Meeting the requirements or criteria necessary to qualify for a specific immigration benefit or status.
7. Primary L1 Visa Holder: The main applicant who holds an L1 visa, typically an employee or worker who has been transferred to the United States.
8. Documentation: Required evidence and supporting paperwork that needs to be submitted to support an application, such as marriage certificates, birth certificates, or proof of maintained status.
9. Status Approval: The official authorization granted by USCIS to change an individual’s immigration status from one category to another.
10. Employment Authorization Document (EAD): A document issued by USCIS that allows an individual to work legally in the United States.
11. Duration of Stay: The length of time an individual is allowed to remain in the United States on a specific visa category.
12. Residency: The act of residing or living in a particular place, often referring to someone living in the United States under a specific visa status.
13. Student Visa: A visa category that allows individuals to pursue education in the United States.
14. Filing Fees: The required fees that must be paid when submitting an application to USCIS.
15. Legal Expenses: Costs associated with engaging an immigration attorney or legal representation.
16. Immigration Attorney: A professional who specializes in immigration law and provides legal advice and assistance with immigration matters.
17. Implications: The potential consequences or outcomes that may arise from a particular decision or action.
So there you have it! Transferring from a B1 visa to an L2 visa may seem like a daunting task, but with the right information, it can be a smooth process. Remember to weigh the pros and cons, and consider consulting an immigration attorney for personalized guidance. And if you want to learn more about this topic or explore other visa-related matters, visit visaverge.com. Happy exploring and best of luck on your immigration journey!
