Key Takeaways:
- F1 visa is for international students, L2 visa is for dependents, while L1 visa is for intra-company transferees.
- The process of transferring from F1 to L2 visa includes eligibility determination, documentation, application, and waiting for approval.
- Advantages of L2 visa include employment authorization, study opportunities, and longer stay duration, but it is dependent on L1 status.
If you’re currently in the United States on an F1 student visa and considering switching to an L2 visa due to changes in your personal circumstances, it’s essential to understand the process and what this change might mean for you. The transition from F1 to L2 status can provide various advantages and entail some disadvantages, so let’s dive into the details before making such a significant decision.
Understanding F1 and L2 Visa Categories
To begin with, the F1 visa is issued to international students who are attending an academic program or English Language Program at a US college or university. Conversely, the L2 visa is a dependent visa, which means it is granted to the spouses and unmarried children under 21 of L1 visa holders. The L1 visa is specifically for intra-company transferees who are managers, executives, or employees with specialized knowledge.
The Process to Transfer from F1 to L2 Visa
Transferring from an F1 to an L2 visa involves several steps that need careful attention:
- Eligibility: Determine if you’re eligible for an L2 visa. You should be the spouse or child of an L1 visa holder.
Documentation: Gather necessary documentation such as marriage certificate for spouses or birth certificates for children to prove relationships.
Application Form: Complete Form I-539, Application to Extend/Change Nonimmigrant Status, provided by the United States Citizenship and Immigration Services (USCIS).
- Application Fee: Pay the necessary application fee, which can be checked for the most up-to-date amount on the USCIS website.
Submit the Application: Forward your completed form along with the application fee and required documents to the USCIS.
Biometrics Appointment: Attend a biometrics appointment if requested.
Wait for Approval: Wait for the decision from USCIS on your application. This can take several months, and it’s important to maintain your F1 status during this period.
Remember to consult the official USCIS website or an immigration attorney for the most current information and legal advice.
L2 Visa Advantages
Shifting to an L2 visa offers several benefits that might influence your decision:
- Employment Authorization: Unlike F1 visa holders who have limitations on employment, L2 visa holders can apply for an Employment Authorization Document (EAD) and work without restriction in the United States.
Study: L2 dependents are allowed to enroll in full-time or part-time study irrespective of whether they work or not.
Duration of Stay: The L2 visa allows you to stay in the US for the same duration as the principal L1 visa holder, which may be longer than what was granted on your F1 visa.
L2 Visa Disadvantages
However, there are some downsides as well:
- Dependent on L1 Status: Your L2 status is completely dependent on the L1 holder’s status. If the L1 visa holder loses their status, you would lose your L2 status as well.
EAD Processing Time: While the L2 visa allows employment, you cannot work until you receive your EAD, and processing times can be lengthy.
Limited Long-Term Benefits: Although the L2 visa does provide a path to a green card, if the primary L1 visa holder is not pursuing permanent residency, this could affect your long-term plans.
Conclusion
Transferring from an F1 to an L2 visa can significantly affect your lifestyle and future opportunities in the United States. While it offers the freedom to work and study, the dependency on another person’s employment status can also introduce uncertainties.
Before embarking on this transition, it is crucial to weigh the advantages and disadvantages thoroughly and make an informed decision that aligns with your personal and professional goals. Always ensure that you consult with an immigration expert and rely on official sources like the USCIS website for accurate and up-to-date information.
Still Got Questions? Read Below to Know More:
Can I travel outside the US while my L2 visa application is being processed if I’m currently on an F1 visa
Yes, you can potentially travel outside the U.S. while your L-2 visa application is being processed, but there are important considerations to keep in mind. If you are currently in the U.S. on an F-1 visa, your departure could complicate your return if your L-2 visa has not yet been approved. Here are the critical points to consider:
- Maintaining Status: Before traveling, ensure your F-1 status remains valid until your planned return to the U.S. If your F-1 visa will expire while you are abroad, you may encounter issues re-entering the U.S. on the same visa.
Application Abandonment: USCIS generally considers applications for a change of status to be abandoned if you leave the U.S. before the application is decided. However, if you are applying for an L-2 visa from outside the U.S., your departure doesn’t impact the standalone visa application process.
Return on L-2 Visa: If you must travel while your application is pending, be prepared to apply for your L-2 visa at a U.S. Embassy or Consulate abroad. If approved, you could then return to the U.S. in L-2 status.
It’s essential to understand that once you leave the U.S., you won’t be able to re-enter until you have obtained a valid L-2 visa. Therefore, plan your international travel carefully, and if possible, consult with an immigration attorney to assess the risks and requirements specific to your situation.
For official guidance, you can refer to the U.S. Citizenship and Immigration Services (USCIS) website and the U.S. Department of State – Bureau of Consular Affairs website to help you navigate visa regulations and policies:
- USCIS Change of Status: USCIS
- U.S. Visas: travel.state.gov
If I’m currently working on-campus with an F1 visa, can I continue working while my L2 visa application is pending
If you’re on an F1 visa and have applied for an L2 visa due to a change in your situation (for example, a spouse getting an L1 visa), it’s important to be aware of the regulations surrounding your work authorization. While holding an F1 visa, you are permitted to work on-campus up to 20 hours per week while school is in session, and full-time during school breaks and holidays, according to the U.S. Citizenship and Immigration Services (USCIS).
“An F-1 student may only work when authorized to do so by Designated School Officials (DSOs).” – Study in the States.
As for your work authorization while your L2 visa application is pending, there’s a critical distinction to make:
- On-campus work with an F1 visa: You are allowed to work as long as you maintain valid F1 status and comply with on-campus work requirements.
- Transition to L2 visa: You cannot automatically continue to work based on the pending L2 application. Your work authorization under F1 does not extend beyond the validity of your F1 status or related employment authorization document (EAD).
Until you have approval for your L2 status and receive appropriate work authorization (typically an EAD), you should not assume continued employment eligibility.
For authoritative information and detailed guidance, always refer to the official USCIS website or consult with an immigration attorney. Here is a relevant link:
Please, do not attempt to continue employment without clarifying your status, as this could jeopardize your legal status in the United States. It is recommended to speak directly with your Designated School Official (DSO) or an immigration attorney for personalized guidance through this transition.
How long can I stay in the US after my F1 visa expires if I’ve already applied for an L2 visa
If your F1 visa has expired, but you have applied for an L2 visa, the period you can legally stay in the US depends on several factors. It’s essential to understand the difference between your visa expiration and your status expiration. Your F1 visa is a travel document that allows you to request entry into the United States, but it’s your I-20 form and I-94 Arrival/Departure record that govern how long you can stay.
When you apply for a change of status to L2:
- You must maintain your F1 status up until the date of your L2 status approval. This means, if your F1 status expires before your L2 visa is approved, you may be considered out of status and accrue unlawful presence.
Apply before your F1 status expires. It’s crucial to apply for the L2 visa while your F1 status is still valid. Once you file for a change of status, you are typically allowed to remain in the US while your application is pending, even if your F1 visa expires during this time. This is known as “period of authorized stay.”
Keep proof of your application for change of status. Retain a copy of the receipt notice (Form I-797C) which shows that USCIS has received your application.
If your application for change of status is denied after your F1 status has expired, you are expected to leave the United States immediately to avoid accruing unlawful presence, which could have future consequences for re-entry or other immigration benefits.
For accurate and updated information, and to ensure you maintain legal status, always consult with the official U.S. Citizenship and Immigration Services (USCIS) website or seek advice from an experienced immigration attorney. Here is an additional link to the Visa Change of Status page on the USCIS website, which can provide you with further guidance.
What happens to my L2 visa status if I get divorced from the L1 visa holder
If you’re currently in the United States on an L2 visa and you get divorced from the L1 visa holder, your L2 visa status, which is dependent on your spouse’s L1 status, will be affected. Here is what generally happens:
- Loss of L2 Status:
- Upon divorce, you will no longer be eligible for L2 status because your status is contingent upon being a spouse of the L1 visa holder.
- The United States Citizenship and Immigration Services (USCIS) states, “If you are the spouse of an L-1 visa holder, you may not qualify for L-2 status if you are legally separated or divorced from the L-1 visa holder.”
- Grace Period:
- After the divorce, you may be granted a grace period by USCIS. During this period, you must either apply for a change of status to another nonimmigrant visa category for which you may be eligible or make preparations to leave the United States.
- The exact length of the grace period can vary and it’s important to confirm with USCIS or an immigration attorney to understand your specific situation.
- Options After Divorce:
- Apply for a different visa: You may explore other nonimmigrant visa options such as student (F1), tourist (B2), or work visas (H1B, O1, etc.), provided you meet the eligibility criteria.
- Adjustment of Status: If you have other grounds for adjustment of status, such as marriage to a U.S. citizen, you could potentially apply to adjust your status.
It’s crucial to act promptly after a divorce to maintain legal status in the United States. For further information and assistance, you can visit the official USCIS website or consult with an immigration lawyer.
USCIS website: United States Citizenship and Immigration Services (USCIS)
Does my country of origin affect the chances of my L2 visa approval when switching from an F1 visa
When you apply for an L2 visa as a dependent of an L1 visa holder, your country of origin typically does not affect the chances of approval. The L2 visa application process evaluates your eligibility based on your relationship to the L1 visa holder and their compliance with the terms of their L1 visa, not your nationality. However, visa approval is always at the discretion of the consular officer reviewing your case.
The factors that are generally considered in an L2 visa application include:
- Your relationship to the L1 visa holder (spouse or unmarried child under 21)
- The L1 visa holder’s lawful status and adherence to the terms of their visa
- Proof that you will support yourself or be supported while in the United States
- Evidence of intent to return to your home country upon expiration of the visa
According to the U.S. Department of State – Bureau of Consular Affairs, “L-2 visa applicants must be admissible to the U.S. or granted a waiver of inadmissibility.” This means that while your country of origin does not directly impact your application, personal circumstances such as any previous immigration violations or criminal history could affect your visa eligibility.
Remember that each visa application is unique, and it’s important to provide comprehensive and accurate documentation to support your L2 visa application. For the most reliable information, always refer to official resources such as the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State – Bureau of Consular Affairs.
- U.S. Department of State – Visa Types for Temporary Visitors: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html
- U.S. Citizenship and Immigration Services (USCIS) – L Nonimmigrant Workers: https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
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Glossary or Definitions
- F1 Visa: A nonimmigrant visa granted to international students pursuing academic or English Language programs at US colleges or universities.
L2 Visa: A dependent visa granted to spouses and unmarried children under 21 of L1 visa holders. L2 visa holders are allowed to work and study in the United States.
L1 Visa: A nonimmigrant visa granted to intra-company transferees who are managers, executives, or employees with specialized knowledge. L1 visa holders can bring their dependents (spouses and children) on L2 visas.
Eligibility: The criteria that must be met in order to qualify for a particular visa or immigration status.
Documentation: The required paperwork or evidence, such as marriage certificates or birth certificates, needed to support an application for a visa or immigration status.
Form I-539: The application form used to request an extension or change in nonimmigrant status issued by the United States Citizenship and Immigration Services (USCIS).
Application Fee: The fee that must be paid when submitting an application for a visa or immigration status. The amount can be found on the USCIS website.
Biometrics Appointment: An appointment where the applicant’s fingerprints, photograph, and signature are collected for identification purposes.
USCIS: United States Citizenship and Immigration Services, the government agency responsible for processing immigration benefits and requests in the United States.
Employment Authorization Document (EAD): A document issued by the USCIS that allows noncitizens with certain visa types, such as L2 visa holders, to work legally in the United States.
Duration of Stay: The period of time an individual is allowed to remain in the United States on a specific visa or immigration status.
Green Card: Also known as a Permanent Resident Card, it grants the holder lawful permanent residence status in the United States.
Immigration Attorney: A legal professional who specializes in immigration law and provides advice and assistance to individuals navigating the immigration process.
Lifestyle: An individual’s way of living, including their employment, education, and social activities.
Uncertainties: Situations or events that are unpredictable, causing a lack of clarity or assurance about the future.
Dependent: In the context of visa status, a person who relies on and is associated with the primary visa holder.
Primary L1 Visa Holder: The individual who holds the principal or primary L1 visa, upon which the dependent L2 visa status is contingent.
Long-Term Plans: The goals and intentions an individual has for their future, beyond the immediate present.
Transferring: The process of changing from one visa or immigration status to another.
Nonimmigrant Status: A temporary visa or immigration status granted to individuals who intend to visit, work, or study in the United States for a specific period of time.
So, if you’re thinking about switching from an F1 to an L2 visa, take your time and consider all the pros and cons. It’s a significant decision that can impact your future in the US. And if you need more information or expert advice, don’t forget to check out visaverge.com. They’ve got all the answers you need to make an informed choice. Happy exploring!
