This article needs additional citations for verification .(October 2011) |
An L-2 visa is a visa document used to enter the United States by the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L-1 visa.
Before 2002, a person in L-2 status was not authorized to work in the United States. [1] In 2002, the law was changed and the spouse of a person with L-1A or L-1B status were allowed to request authorization to work in the United States. [1]
A spouse in L-2 status who wants to work must obtain an Employment Authorization Document (EAD). [2] A person in L-2 status with an EAD is allowed to work for any employer. In November 2021, the law was further amended to allow qualified spouses to be automatically given an EAD by way of the L-2S designation when successfully applying for L-2 status. [3]
Dependent children in L-2 are not authorized to work in the United States. They are allowed to attend school.
L-2 status may be renewed and extended within the United States when the L-1 visa is renewed. Renewal in the United States applies to status only, not the actual visa in the passport. For visa renewal, the applicant must go to a U.S. consulate or embassy outside the United States. A Person cannot leave the United States and then re-enter without a valid L-1 or L-2 visa, and must appear personally before a consular officer for visa issuance. This often leads to difficulties for applicants, because it means leaving their adopted home in the United States for as long as it takes the embassy to issue their new visa. At particularly busy times of year, or at some consulates or embassies, this can take several weeks or more.
The L-2 visa allows the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders to enter into the U.S.
The applicant may:
The allowable duration of stay is as long as the primary L-1 visa holder maintains valid status, or up to a maximum of seven years, whichever is shorter.
The following must be submitted:
The law states that the USCIS shall issue Employment Authorization documents within 90 days. However, at some service centers, the wait exceeds 90 days.
There is an option to submit a new Form I-765, Application for Employment Authorization, along with copies of the required supporting documents and the receipt for the original application at the Service Centre closest. Based on this, the applicant will receive an Employment Authorization document which is valid for 240 days while the USCIS processes the two year employment authorization document.
The Employment Authorization document is valid for two years and may be renewed.
There is no limit on the nature of the authorized employment. The USCIS refers to this as 'open market' employment authorization.
Time in the U.S. on L-2 visa will not count against the six years the law allows the applicant to work in the U.S. on H-1B visa. The USCIS approves H-1B status for professional workers in up to three year intervals. If the applicant was unemployed or out of status between H-1B jobs, the USCIS would count that time.
The applicant can apply for Adjustment of Status. Form I-485 Application to Register Permanent Residence or Adjust Status must be filed with the USCIS.
There is no need to apply for Advance Parole if the L-2 visa holder wishes to travel internationally. This is true as long as nonimmigrant status is maintained.
If the applicants spouse qualifies for L-1 status, they can apply for a change of status from H-4 to L-2 status and the spouse from H-1B to L-1 status. To obtain work authorization, submit Form I-765, Application for Employment Authorization, together with Form I-539, Application for Change or Extension of Status.
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2023, there are an estimated 12.7 million green card holders, of whom 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows United States employers to employ foreign workers in specialty occupations. It is the largest visa category in the United States in terms of guest worker numbers. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019. The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991. There were 206,002 initial and continuing H-1B visas issued in 2022.
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.
An O visa is a classification of non-immigrant temporary worker visa granted by the United States to an alien "who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements", and to certain assistants and immediate family members of such aliens.
Dual intent is a concept in United States immigration law. Typically, it refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders to enter the U.S. while simultaneously seeking lawful permanent resident status at a port of entry. Otherwise, visa holders may be presumed to have immigrant intent and can be kept from entry as a matter of law.
TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.
The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of the United States Congress as a result of the Australia–United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. It is widely believed to have grown out of the negotiation of a trade deal between the US and Australia.
Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission, and while remaining an applicant for admission.
Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.
An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21. If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services (USCIS).
A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.
The E-2 Investor Visa allows an individual to enter and work in the United States based on an investment in a U.S. business. The E-2 visa is valid for three months to five years and can be extended indefinitely. The investment must be "substantial", although there is no legally defined minimum. The E-2 visa is available only to citizens of certain countries.
The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.
A J-2 visa is a non-immigrant visa issued by the United States for spouses and dependents of J-1 exchange visitors. Any J-2 visa with the Employment Authorization Document (EAD) can work for any employer in the US without sponsorship. 39.350 J-2 visas were issued in 2017.
The U visa is a United States nonimmigrant visa which is set aside for victims of crimes who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so. An advantage that comes along with the acceptance of a U-visa is the individual will have deportation protection which is important when they are collaborating with law enforcement.
Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.
Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.
The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L. 106–553 (text)(PDF).
The R-1 visa is a non-immigrant visa which allows travel to the United States for service as a minister or other religious occupation. Between October 2019 and September 2020, there were 2,399 R visas issued.
An I-1 visa is a non-immigrant visa issued by the United States for foreign media representatives and journalists who travel to the United States for the purpose of working exclusively in their profession. All applicants must meet eligibility criteria, which requires them to be residents of foreign countries, working for foreign information outlets headquartered in their respective countries.