L-2 Visa Work Authorization - the Basics
In follow up to my November 9, 2007 posting about work authorization for spouses and children of those in various nonimmigrant status, here’s the law on those who are here in L-2 status (i.e., the spouse and children of an L-1 nonimmigrant).
Keep in mind first that L-1A nonimmigrant status is given to those who have worked abroad for one continuous year within the preceding three years and how are being transferred temporarily to the United States to work in an executive, managerial (L-1A) or specialized knowledge (L-1B) capacity for he same or a qualifying, related business. The spouse and minor children of such visa holders enter the U.S. On L-2 visas.
An L-2 spouse is entitled to request work authorization. The law is found at INA Section 214(c)(2)(E) which states:
In the case of an alien spouse admitted under section 101(a)(15)(L) , who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an `employment authorized' endorsement or other appropriate work permit.
Note that the statute specifically refers to “spouse” without any mention of “children” and therefore, the L-2 children of the L-1 visa holder is not permitted to obtain work authorization.
In order to obtain work authorization, the L-2 spouse, after entering the United States files Form I-765. Along with the application, the spouse must provide proof of the marriage, evidence of the current status of their L-1 husband or wife, and evidence of his or her own entry in L-2 status and two passport style photographs. The instructions to Form I-765 (since the initial posting of this entry, the most recent edition of the I-765 is the 4/8/2008 edition) should be carefully followed in completing the application, in providing all the necessary supporting documentation and on knowing exactly where to send the application for filing.
As of the posting of this article the filing fee for the I-765 is $340.00.
Typically, work authorization is granted for up to two years and it can then be extended but it won’t be granted for any period longer than the validity period for the underlying L-1 petition.
