B2 to L2 Visa Transfer: Process, Advantages, and Disadvantages Explained

Key Takeaways:

• Transferring from B2 to L2 visa requires meeting eligibility criteria, filing forms, providing supporting documents, and awaiting USCIS decision.
• Advantages of L2 visa include work authorization, longer stay, study privileges, and obtaining a social security number.
• Disadvantages include processing delays, work authorization delays, cost, and dependence on the L1 visa holder’s status.

Understanding the B2 to L2 Visa Transfer Process

Traveling to the United States on a B2 visitor visa is a common entry point for tourists and those making short, temporary visits. However, circumstances may change that necessitate a different visa type, such as an L2 visa, which is for dependents of L1 visa holders. If you’re currently on a B2 visa and find yourself needing to change to an L2 visa, this guide will navigate you through the transfer process, as well as highlight the pros and cons of such a change.

Eligibility and Application for B2 to L2 Visa Transfer

To transfer from a B2 visa to an L2 visa, you’ll need to meet specific criteria. The primary requirement is that you must be the dependent – either a spouse or a child under the age of 21 – of an L1 visa holder. The L1 visa is meant for intracompany transferees who are either managers, executives, or employees with specialized knowledge.

Here’s a step-by-step process:

1. File Form I-539: The L1 visa holder’s dependent should file Form I-539, Application to Extend/Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS).

2. Supply Supporting Documents: Collect and submit all necessary supporting documents. These typically include evidence of the familial relationship, such as a marriage certificate or birth certificate, and proof of the L1 visa holder’s status.

1. Attend Biometrics Appointment: If required, you must attend a biometrics appointment to provide fingerprints and photographs.

2. Await USCIS Decision: After submitting your application and attending your biometrics appointment, you will need to wait for USCIS to make a decision on your case, which could take several months.

Advantages of Transferring to an L2 Visa

Shifting from a B2 to an L2 brings several benefits that can significantly impact your stay in the U.S. These L2 visa benefits comprise:

• Work Authorization: Unlike B2 visa holders, L2 visa recipients have the right to work in the U.S. upon getting an Employment Authorization Document (EAD).

• Longer Stay: An L2 visa can potentially allow for a longer stay compared to a B2 visa, as it is tied to the L1 visa holder’s stay.

• Study Privileges: L2 children can attend schools in the U.S., and spouses can pursue higher education without needing a separate student visa.

• Social Security Number (SSN): L2 visa holders can obtain an SSN, which is critical for various functions in the U.S., such as opening bank accounts and accessing other services.

Disadvantages and Potential Challenges

Despite the obvious advantages, there are some drawbacks to consider when transferring from a B2 to an L2 visa:

• Cost: The application process for an L2 visa involves filing fees, biometrics fees, and possibly legal fees if you seek professional guidance.

• Processing Time Delays: USCIS processing times can be lengthy and unpredictable. This wait time can be stressful, especially if your B2 visa is nearing expiration.

• Work Authorization Delays: Obtaining an EAD as an L2 visa holder is a separate process and can take additional time, restricting your ability to work immediately upon transfer.

• Change of Circumstances: If the L1 visa holder’s employment situation changes, your L2 status might be put at risk as it is dependent on their visa status.

Best Practices and Additional Resources

During this transfer process, it’s essential to maintain legal status. Overstaying your B2 visa while waiting for an L2 visa transfer could jeopardize your application. Moreover, always consider consulting with an immigration attorney to help navigate the complexities of your situation.

For reliable information and updates on visa statuses, visit the official USCIS website or check the Department of State’s Bureau of Consular Affairs website.

It’s clear that transferring from a B2 to an L2 visa offers both opportunities and challenges. Understanding the eligibility criteria, application steps, and weighing the advantages against the disadvantages will help you make an informed decision about your immigration path in the United States. Whether you aim to work, join a family member, or simply extend your stay, transitioning from a B2 to L2 visa should be a meticulously planned move to secure a seamless immigration experience.

Still Got Questions? Read Below to Know More:

Are there any travel restrictions I should know about when transitioning from B2 to L2 status

When transitioning from B2 (visitor for pleasure) to L2 (dependent of an L1 visa holder) status within the United States, there are certain travel restrictions that you should be aware of:

1. Stay in the US During Processing: It’s important to remain in the United States while your change of status application is pending. If you leave the country before your L2 status is approved, your application might be considered abandoned.

2. Valid B2 Status: Ensure that your B2 status remains valid during the entire period of your stay up to the point of approval of your L2 status. Overstaying your B2 visa could result in a denial of your change of status.

3. Possible Visa Stamping: If you need to travel abroad after the change of status has been approved but before getting the L2 visa stamped in your passport, you will need to apply for the L2 visa at a U.S. consulate or embassy before re-entering the US. Having the L2 status approved doesn’t automatically grant you the visa; the physical visa must be obtained for entry purposes.

The U.S. Citizenship and Immigration Services (USCIS) website provides official guidance and forms related to changing nonimmigrant status. You can find more information on the official USCIS Change of Status webpage: Change My Nonimmigrant Status.

Remember, these policies can change, so it is a good idea to consult the latest travel advisories from the U.S. Department of State and the airline you plan to travel with before making any travel arrangements. Here is the link to the U.S. Department of State’s travel website for current travel advisories: Travel.State.Gov.

What happens to my L2 application if my spouse switches from L1 to another visa type while I’m still on B2

If your spouse switches from an L1 visa to another visa type while you are in the U.S. on a B2 visa and you have applied for an L2 visa, the outcome of your L2 visa application could be affected as follows:

1. Dependence on L1 Status: The L2 visa is a dependent visa, which means it is directly tied to the validity of your spouse’s L1 visa. If your spouse’s L1 visa status is changed, your L2 visa application becomes invalid because you can no longer be considered a dependent under the L1 visa classification.

2. Application Reassessment: If your spouse is switching to a different visa type that also allows for dependents (like an H1B, which has the H4 as its dependent visa), you would need to file for a change of status to the corresponding dependent visa type. Remember, you cannot maintain L2 status or continue the application process for an L2 visa if your spouse is no longer on an L1 visa.

3. Maintaining Legal Status: It’s critical to maintain legal status in the U.S. If your spouse’s change of visa status occurs while your B2 status is still valid, you would need to either apply for a change of status to stay in the U.S. based on whatever new status your spouse acquires, or depart the U.S. before your B2 status expires.

In such scenarios, it’s important to consult with an immigration attorney or check official resources like the United States Citizenship and Immigration Services (USCIS) website for guidance on the steps you need to take. Always ensure you are following the guidelines set forth by USCIS:

“You must not violate the terms of your admission to the U.S., and ensure you do not stay beyond the period authorized,” as stated by USCIS for maintaining legal status.

For more detailed information, visit the USCIS website or reach out to their contact center for personalized advice.

Can my L2 child who is turning 21 soon continue to stay in the U.S. on their L2 visa, or do they need to switch to another visa category

When your L2 child is nearing the age of 21, they will soon “age out,” as it’s known in immigration terms. This means that they will no longer be eligible to stay in the United States under the dependent L2 visa status. The U.S. Citizenship and Immigration Services (USCIS) guidelines state that L2 dependent status is generally available only until the child reaches the age of 21. When your child turns 21, they will need to switch to another visa category in order to lawfully remain in the United States.

Options for your child to consider before turning 21 could include:
– Applying for a full-time academic or vocational program and switching to an F1 (student) visa.
– Seeking employment that might qualify them for a work visa category, such as the H1B.
– If they are eligible, applying for a different visa category based on other factors, such as marriage to a U.S. citizen, which could allow for a change of status to a spousal visa.

To avoid any gap in lawful status, it’s important to plan ahead and apply for a change of status before your child turns 21. For detailed information and guidance, you can consult the USCIS website or reach out to an immigration attorney. Here are relevant USCIS resources to help you with the process:
– Change of Nonimmigrant Status: USCIS Change of Status
– Study in the States (F1 Visa): Study in the States
– Work Visa Categories: USCIS Working in the US
Remember that timely action is crucial in immigration matters, so considering the best course of action well before the 21st birthday is recommended.

Can I start a job search while waiting for my B2 to L2 visa transfer, or should I wait until I get my EAD

You can start your job search while waiting for your B2 to L2 visa transfer, but you will need to wait for your Employment Authorization Document (EAD) before you can legally begin working in the United States. Here’s what you need to know:

1. Job Search:
   • While your L2 visa is being processed, you are allowed to search for jobs. You can attend interviews or network with potential employers.
   • Beginning your job search early can be beneficial as it might take time to find the right opportunity and go through the recruitment process.
2. Employment Authorization:
   • As an L2 visa holder, you must have your EAD to legally work in the US. The EAD is proof to employers that you are allowed to work.
   • Applying for it is essential once you have your L2 status. The processing times for EAD applications can be several months, so it’s wise to apply as soon as you are eligible.
3. Legal Requirements:
   • It’s crucial to wait for your EAD before starting work. Working without authorization could lead to legal consequences and jeopardize your immigration status.
   • “You may not begin employment until you have received your Employment Authorization Document,” according to U.S. Citizenship and Immigration Services (USCIS).

For the official guidelines on employment authorization, you can visit the USCIS website: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses.

In summary, while waiting for your B2 to L2 visa transfer, you can certainly start looking for jobs; however, it’s important to have your EAD in hand before you can start working. Your EAD serves as the legal proof needed to show employers that your work authorization adheres to the immigration laws in the United States.

If my spouse’s L1 visa is extended, will my L2 visa automatically extend too, or do I need to reapply

If your spouse’s L1 visa is extended, your L2 visa does not automatically extend. You will need to take steps to apply for the extension of your own L2 status. Here is what you should do:

1. Submit a separate application for L2 visa extension by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). You can file this form either online or by mail. Here is the link to the form and instructions for filing: Form I-539.

2. Include evidence of your spouse’s L1 visa extension, such as a copy of the new I-797 approval notice, and evidence of your marital relationship, like a marriage certificate. You will also need to pay the applicable filing fee.

3. Your application should be filed before your current L2 status expires. Once USCIS receives your application, your legal status in the United States is generally considered to be continued while USCIS processes the application, even if your previous status expires in the meantime.

Keep in mind that working on an L2 visa requires an Employment Authorization Document (EAD), so if you plan to work, remember to apply for an EAD extension as well.

For more information, visit the official USCIS website where you can find resources and guidance related to L2 visa extensions: USCIS – Extend Your Stay.

Remember to consult with an immigration attorney or a qualified immigration professional for personalized advice on your situation.

How can I apply for a green card for my parents if I am a U.S. citizen?

If you are a U.S. citizen and at least 21 years old, you can apply for a green card (officially known as a Permanent Resident Card) for your parents to live and work permanently in the United States. Here’s a step-by-step guide on how to do it:

1. File Form I-130, Petition for Alien Relative:
   • You must submit this form to the U.S. Citizenship and Immigration Services (USCIS) for each parent.
   • Provide evidence of your U.S. citizenship, such as a birth certificate, passport, or citizenship certificate.
   • Include evidence of your relationship to your parents, like your birth certificate with your parents’ names.
   • Pay the filing fee (check the latest fees on the USCIS website).
2. USCIS Processing:
   • Once USCIS receives your Form I-130, they will send you a receipt notice.
   • After processing, they will send you an approval or denial notice.
   • If your petition is approved and your parents are outside the U.S., USCIS will work with the National Visa Center (NVC) to coordinate consular processing for your parents to obtain their visas.
3. Adjustment of Status or Consular Processing:
   • If your parents are legally inside the U.S., they may apply for Adjustment of Status to a permanent resident using Form I-485.
   • If they are outside the U.S., they will go through consular processing at the U.S. embassy or consulate in their home country.

Remember, having health insurance and financial support is critical. Your parents will need to prove that they will not become public charges. You will need to file Form I-864, Affidavit of Support, showing you have enough income to support them.

For the most accurate and detailed instructions, always refer to the official USCIS website and consult with an immigration attorney if you need legal advice. Here are relevant links to the USCIS website:
– I-130, Petition for Alien Relative: Form I-130
– I-485, Application to Register Permanent Residence or Adjust Status: Form I-485
– I-864, Affidavit of Support: Form I-864

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GLOSSARY OF TERMS

1. B2 Visa: A nonimmigrant visa category that allows individuals to travel to the United States for tourism, pleasure, or a brief visit, such as visiting family or friends.

2. L2 Visa: A nonimmigrant visa category that is reserved for dependents of L1 visa holders, specifically spouses and unmarried children under the age of 21.

3. L1 Visa: A nonimmigrant visa category that allows intracompany transferees to work in the United States. It is available to executives, managers, and employees with specialized knowledge.

4. USCIS: The United States Citizenship and Immigration Services is a government agency responsible for the administration and enforcement of immigration laws within the United States.

5. Form I-539: The Application to Extend/Change Nonimmigrant Status is a form that must be filed with USCIS by individuals seeking to extend or change their nonimmigrant status, including transferring from a B2 visa to an L2 visa.

6. Supporting Documents: Documents that provide evidence or proof of specific facts or requirements necessary for the visa application process. In the context of a B2 to L2 visa transfer, these may include documents such as marriage certificates and birth certificates to prove family relationships, as well as proof of the L1 visa holder’s status.

7. Biometrics Appointment: An appointment scheduled by USCIS where the applicant is required to provide fingerprints, photographs, and other identifying information.

8. EAD: The Employment Authorization Document is a document issued by USCIS that grants temporary work authorization to eligible nonimmigrant visa holders, including L2 visa holders.

9. Social Security Number (SSN): A unique nine-digit number issued by the Social Security Administration (SSA) that is used to track an individual’s earnings and benefits. L2 visa holders can obtain an SSN, which is necessary for various functions in the U.S., such as opening bank accounts and accessing certain services.

10. Overstaying: Remaining in the United States beyond the authorized period granted by the visa. Overstaying can lead to legal problems and potential difficulties when applying for future visas or immigration benefits.

11. Processing Time: The amount of time it takes for USCIS to review and make a decision on an immigration application or petition. Processing times can vary and are influenced by various factors, including workload and complexity.

12. Immigration Attorney: A lawyer who specializes in immigration law and can provide legal advice and representation in immigration matters. Seeking guidance from an immigration attorney can help individuals navigate the complexities of the immigration process.

ADDITIONAL RESOURCES

• USCIS: The official website of the United States Citizenship and Immigration Services. It provides information on immigration forms, processes, policies, and updates on visa statuses.

• Department of State’s Bureau of Consular Affairs: The official website of the Bureau of Consular Affairs, a division of the U.S. Department of State. It offers resources and information related to visa services, including visa categories and application procedures.

There you have it! Transferring from a B2 to an L2 visa can open up exciting opportunities for work, education, and a longer stay in the U.S. Just remember to meet the eligibility requirements, navigate the application process, and be aware of the advantages and challenges. For more information on visas and immigration, visit visaverge.com and embark on your visa journey with confidence!