(Trends Wide Español) — The American Immigration Lawyers Association (AILA) reported Wednesday that an agreement was reached with the United States Department of Homeland Security that makes the application and renewal of L-2 and H-4 visas more flexible.
Both the L-2 and the H-4 are visas for unmarried spouses and children under 21 years of age of temporary non-immigrant workers in the US with category L and H work visas, respectively.
The AILA said in a statement that, with the unprecedented agreement, spouses with L-2 will no longer have to apply for the employment authorization document (EAD) to work in the country; and spouses with H-4 may receive an automatic extension of their employment authorization while their EAD renewal is pending.
Prior to this agreement, spouses with L-2 had to apply for EAD and spouses did not have automatic extension of employment authorization. As the procedures took too long, these people lost their jobs and their financial remuneration.
“Despite the clear statutory language, the USCIS (US Citizenship and Immigration Services) refused to grant employment authorization corresponding to L-2 status. The other issue concerns H-4 whose Work permits expire before their H-4 status; this is a group that has always met the regulatory test for automatic EAD extension, but the agency previously prohibited them from that benefit and forced them to wait for reauthorization.
“People were suffering. They were losing their high-paying jobs for no legitimate reason, which hurt them and American businesses,” AILA said in the statement.
More detailed explanation of L-2 and H-4 visas
In the USCIS classification, H and L nonimmigrant visas encompass a wide range of temporary work or stay permits in the country.
According to the USCIS, among the H are the sub-classifications H-1B1, H-1B2 and H-1B3, which include, for example, workers in specialized professions related to research projects of the Department of Defense, models for advertising with distinguished merits and skills, nurses working in areas with a shortage of health professionals, and seasonal or casual agricultural and non-agricultural workers.
Among the L, meanwhile, are the L-1A and L-1B, which includes people transferred within the same company in managerial or executive positions or who require specialized knowledge.
Therefore, if a person has an L or H work visa, their spouse and their children under 21 who are not married have the opportunity to process the L-2 and H-4 in order to be able to reside temporarily in the United States. United and eventually work in the country.
Requirements for the L-2 visa
According to the Immigration Advice Service (IAS), an organization with a presence in the United Kingdom and Ireland that provides legal advice for visa processing, these are the requirements that must be submitted for the L-2 visa:
- Completed the form “DS-160: Electronic Application for Non-Immigrant Visa” (keep the proof of payment of the application)
- After the form, you can schedule an interview at the embassy of the country from where you are making the request
- Each applicant (spouse or children) must have a valid passport
- One photograph per applicant showing a full face and meeting the local requirements of each embassy or consulate
- For children under 14 years of age an original birth certificate must be presented
- For spouses an original marriage certificate must be presented
- A copy of the main approved L visa petition
- A letter from the L visa holder and a letter from the L visa person’s employer
- It should be noted that the L-2 will have the same duration as the main L visa, which has a duration of three years and can be extended up to five or seven years
- Before the agreement announced by the AILA, the person with L-2 had to apply for the EAD, but it is no longer necessary
- Therefore, if the L-2 is approved, you have automatic permission to work in the United States for the duration of the visa.
Requirements for the H-4 visa
The IAS indicates that people who have approved the H-4 visa have the opportunity to study, open a bank account and apply for the EAD to work in the United States (the latter only applies to the main H-1B visa). These are the requirements that you must present:
- Completed the form “DS-160: Electronic Application for Non-Immigrant Visa” (keep the proof of payment of the application)
- After the form, you can schedule an interview at the embassy of the country from where you are making the request
- For spouses, an original of the marriage certificate
- For children, an original birth certificate
- Payroll vouchers up to three months prior to application that show that you can support yourself financially
- A copy of the passport
- A letter from the employer of the person holding the primary H visa
- A copy of the main H visa
- Your H-4 will have the same duration as the main H visa. If you want an extension you can request it in the “Form I-539, Request for Extension or Change of Nonimmigrant Status” before your H-4 visa expires.
- In addition to this, you will have to prove again your spousal relationship with the holder of the main H visa
- Important point: as mentioned at the beginning of this section, those with the H-4 visa can only apply for the EAD work permit if the holder of the main H visa has the H-1B category.
- To apply for the EAD for your H-4 visa, click here to review the requirements
