Key Takeaways:
- The process for transferring from an M2 to an L2 Visa involves securing the L1 visa, filing Form I-539, and submitting supporting documents.
- Advantages of switching to an L2 Visa include employment authorization, extended stay, educational opportunities, and spousal privileges.
- Disadvantages include the process and timing, dependency on the L1 visa holder, and associated fees.
Navigating the transition process from an M2 Visa to L2 Visa can seem daunting, but understanding the procedure and the associated pros and cons can greatly inform your decision-making process. Whether you’re pursuing new employment opportunities or simply looking to change your immigration status, this guide will help you through the complexities of the visa transfer.
Understanding the M2 to L2 Visa Transfer Process
Holders of an M2 Visa are the dependents of M1 Visa holders, who are in the United States for vocational or non-academic studies. However, if an M1 holder switches to an L1 visa due to work, their dependents with M2 status may seek to change to L2 status, aligning with their L1 family member.
Here are the general steps for M2 to L2 Visa transfer:
1. Secure the L1 visa for the primary visa holder.
2. File Form I-539, Application To Extend/Change Nonimmigrant Status before the M2 visa expires.
3. Submit supporting documents such as a copy of the updated I-797 form for the L1 visa, proof of relationship, and the current M2 status.
The United States Citizenship and Immigration Services (USCIS) adjudicates the application, and if approved, grants the L2 status. Remember to keep track of processing times and file your application well before the expiration of the M2 visa to avoid interruptions in your legal status.
Advantages of Switching from M2 to L2 Visa
There are multiple advantages of transferring from an M2 to an L2 Visa that stem from the broader privileges the L2 visa provides. Here are some key benefits:
- Employment Authorization: L2 visa holders can apply for an Employment Authorization Document (EAD) with the appropriate form (I-765), allowing for legal employment in the U.S.
Extended Stay: The L2 visa typically comes with a longer initial stay and the possibility of extensions that match the L1 visa holder’s duration.
Educational Opportunities: Unlike the M2 Visa, the L2 Visa permits full-time study without restrictions, which can lead to further personal development and career advancement.
Spousal Privileges: If you are the spouse of an L1 visa holder, switching to an L2 Visa will grant you more opportunities for social security, alongside other benefits.
“For many M2 visa holders, the path to an L2 visa is attractive due to the work authorization and educational opportunities it provides. It opens doors that can make a profound difference in one’s stay in the U.S.,” notes an immigration expert.
Disadvantages of the Visa Transfer
While the benefits are significant, it’s important to consider potential disadvantages when transferring from an M2 to L2 Visa:
- Process and Timing: The transfer process involves paperwork and waiting periods for approval, which can be inconvenient or even stressful at times.
Dependency: Your status remains dependent on the principal L1 visa holder, meaning any changes to their employment status could affect your visa as well.
Government Fees: There are associated fees with the filing of Form I-539 and Form I-765 for employment authorization which must be borne by the applicant.
By weighing these advantages against the disadvantages, you can make a more informed decision on whether the M2 to L2 visa transfer aligns with your personal and professional goals.
For further information and to start the application process, you might want to visit the official United States Citizenship and Immigration Services (USCIS) website. It contains comprehensive guides, application forms, and the latest updates to the immigration policies affecting both M2 and L2 visa holders.
Taking these factors into account and proceeding with the correct documentation and timing, you can navigate the transfer from an M2 to an L2 visa with greater confidence and clarity. While the process may have its complexities, the advantages, such as the ability to work and pursue educational opportunities in the U.S., make it an attractive option for many individuals and their families.
Still Got Questions? Read Below to Know More:
Can I volunteer or do unpaid internships immediately after switching to an L2 visa, or is an EAD required for that as well
If you have switched to an L-2 visa as the spouse or dependent child of an L-1 visa holder, you may have questions about your eligibility to volunteer or participate in unpaid internships. The regulations around this can be quite specific.
For most types of work, even unpaid positions, an Employment Authorization Document (EAD) is necessary. According to the U.S. Citizenship and Immigration Services (USCIS), L-2 visa holders can apply for an EAD to gain authorization to work in the United States without employer sponsorship. However, volunteering for a charitable organization or participating in a true volunteer role that does not displace a U.S. worker may not require an EAD.
Here is a crucial distinction to remember:
– Volunteering: If the activity is a genuine volunteer position, meaning it’s a role typically done on a volunteer basis and not one that is usually paid, you may engage in that activity without an EAD.
– Unpaid internships: Most unpaid internships require an EAD because they are often considered work that would be paid if not for the intern’s visa status. They often provide valuable experience and may benefit your career, which can be seen as a form of compensation.
To conclude, for any sort of employment, paid or unpaid, that benefits you in a professional or financial sense, it’s wise to wait for your EAD to be approved before starting. This is to ensure you do not violate the terms of your L-2 visa status.
For more detailed and official guidelines, it’s best to consult the latest information from USCIS or consult an immigration attorney. Here are some useful links for reference:
– USCIS Policy Manual
– USCIS EAD for L-2 Visa
If the L1 visa holder’s job is terminated, how long do I have to find a new job if I am on an L2 visa with an EAD
If you are on an L2 visa with an Employment Authorization Document (EAD) and the primary L1 visa holder’s job is terminated, it’s important to understand the implications for your status. Generally, your L2 status is dependent on the L1 visa holder maintaining their status. If the L1 holder loses their job, both of you would typically lose your lawful status immediately, which may affect your ability to legally work in the United States.
However, U.S. Citizenship and Immigration Services (USCIS) has granted a grace period for individuals in this situation. According to USCIS:
“A nonimmigrant who fails to maintain status may be granted up to 60 days, or until the expiration date of the current I-94, whichever is shorter, to depart the United States.”
During the grace period, you would not be authorized to work unless you find a new employer who can sponsor either your own L1 visa or another work-authorized status for which you qualify, and that sponsor successfully petitions before the end of the grace period. It’s important to act quickly to maintain your legal status and work authorization in the United States.
For detailed, official information regarding changes in employment and maintaining status, you can visit the USCIS website at this page: Maintaining Nonimmigrant Status. If you face this situation, it is also advisable to consult an immigration attorney who can provide guidance tailored to your specific circumstances.
Are there any travel restrictions for me and my family when we’re transitioning from M2 to L2 visa status
Yes, there might be certain travel restrictions when you and your family are transitioning from M-2 to L-2 visa status. It’s important to understand the following:
- While Your Application is Pending:
- If you have applied for a change of status within the United States and your M-2 visa is still valid, you should avoid traveling outside the U.S. during this period. Traveling might be seen as abandoning your application, which could result in a denial.
- Your family members, included in the change of status application, should also remain in the U.S. during the application processing to avoid complications.
- After Your Change of Status is Approved:
- Once your L-2 status is approved, you and your family may travel outside the U.S. However, to re-enter, you typically must obtain L-2 visas at a U.S. consulate or embassy abroad if you don’t already have them.
- Keep in mind that every entry to the U.S. requires a review at the port of entry, and admission is at the discretion of the Customs and Border Protection (CBP) officer.
For the most accurate information and any updates, always refer to the official website of U.S. Citizenship and Immigration Services (USCIS) at https://www.uscis.gov/ or consult with the Department of State’s website at https://travel.state.gov/ for visa details.
Please note: It is essential to consult with an immigration attorney or a representative with the USCIS for personalized guidance based on your situation before making any travel plans that could affect your visa status.
What happens to my child’s school enrollment if we switch from the M2 to L2 visa during the school year
If you switch from an M2 to an L2 visa during the school year, there should be minimal impact on your child’s school enrollment. Since the M2 visa is for dependents of an individual holding an M1 (vocational or non-academic) student visa and the L2 visa is for dependents of an L1 (intra-company transferee) visa holder, both allow for your child to study in the U.S. Here’s what generally happens:
- Continued Eligibility for School Enrollment: Your child’s eligibility to attend school in the U.S. does not change with the switch from M2 to L2. Students on L2 visas are still entitled to attend both public and private schools.
Notification to the School: While there is no legal barrier to continuing school, it is a good idea to inform the school of your child’s visa status change. This is simply to ensure their records are up to date.
No Impact on Attendance: There should be no interruption in your child’s attendance or enrollment due to the visa switch, provided their enrollment was valid under the previous M2 status.
Here is a statement from the U.S. Department of State regarding studying on an L2 visa:
“Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative L visas.”
For more detailed information, you can visit the U.S. Department of State – Bureau of Consular Affairs or the official website of the school district your child is attending, as policies may slightly vary from one district to another.
Remember to keep your child’s school records and immigration documents up to date throughout this process. If your child transfers to a different school district, additional documentation may be required to register in the new school.
Can my spouse start looking for jobs in the US right after we apply for the L2 visa, or should we wait for the EAD
Your spouse should wait for the Employment Authorization Document (EAD) before starting to look for jobs in the US. Holding an L2 visa does allow your spouse to accompany you while you’re on an L1 visa, but the L2 visa on its own does not grant the right to work. The EAD is a necessary legal document that permits your spouse to be employed in the United States.
To work in the US, your spouse has to apply for the EAD after arriving in the country on an L2 visa. The process involves submitting Form I-765, “Application for Employment Authorization,” to the United States Citizenship and Immigration Services (USCIS). Only after the EAD is approved and received can your spouse legally start working. It’s important to note that the processing time for the EAD can vary, often taking several months.
It’s advisable to keep track of processing times and updates on the USCIS website, and prepare for the possibility of a waiting period before your spouse can start job hunting. Until the EAD is granted, your spouse’s activities should be limited to non-employment endeavors such as volunteering or networking, where compensation is not involved.
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Glossary or Definitions
- M2 Visa: A nonimmigrant visa category in the United States for dependents (spouse and children) of M1 visa holders who are pursuing vocational or non-academic studies.
L2 Visa: A nonimmigrant visa category in the United States for dependents (spouse and children) of L1 visa holders who are employed at a managerial or executive level in a multinational company.
Visa Transfer: The process of changing from one nonimmigrant visa category to another while remaining in the United States. In this case, the process of changing from an M2 visa to an L2 visa.
USCIS: The United States Citizenship and Immigration Services is a government agency responsible for processing and adjudicating immigration-related applications.
Form I-539: A form used to extend or change the nonimmigrant status of an individual who is already in the United States.
Expire: The end of the authorized period of stay on a visa. It is important to renew or change the visa status before the expiration date to avoid being out of status.
Supporting Documents: Additional materials or evidence submitted with an application to provide proof of eligibility or to support the claims made.
I-797 Form: A Notice of Action issued by USCIS to communicate approval or denial of an application or petition. In this case, the I-797 form for the L1 visa.
Employment Authorization Document (EAD): A document issued by USCIS that grants authorization for a nonimmigrant to work legally in the United States.
Full-time Study: A category of enrollment in an educational program where a student must meet a minimum credit or course-load requirement as defined by the educational institution.
Social Security: A federal program in the United States that provides financial support to retired or disabled individuals and their dependents.
Principal: The primary or main visa holder who is eligible for a specific visa category. In this case, the principal L1 visa holder.
Government Fees: The mandatory fees set by USCIS for processing and filing immigration-related applications.
Personal and Professional Goals: The individual aspirations and career objectives that a person seeks to achieve in their personal and professional life.
Documentation: The paperwork, forms, and evidence required to support an application or petition for an immigration benefit.
Timing: The consideration of the appropriate moment or duration to take an action or submit an application in the immigration process.
Complexity: The level of difficulty or intricacy involved in understanding and navigating the immigration process.
Clarity: The state of being clear, understandable, and unambiguous in the information provided.
Nonimmigrant Visa: A temporary visa category that allows foreign nationals to enter the United States for a specific purpose and duration.
Multinational Company: A company that operates in multiple countries and has subsidiaries, branches, or affiliates in different locations around the world.
And there you have it! Navigating the M2 to L2 visa transfer process may seem overwhelming, but with the right information, it can be a smooth transition. Remember, the L2 visa brings exciting benefits like employment authorization and extended stay, making it an attractive choice for many. If you want to dive deeper into the topic and get expert guidance, be sure to check out visaverge.com. Happy exploring!
