L1A-visa holders' spouses: What type of visa can they obtain

As an L1A-visa holder's spouse, you may be wondering what type of visa you can obtain. The answer depends on a few factors, such as your ultimate goals while in the United States and your professional or educational background. In this article, we will explore the different types of visas available to L1A-visa holders' spouses and the requirements for each.

L2 visa

The most common visa for spouses of L1A visa holders is the L2 visa. This visa allows spouses and dependent children under the age of 21 to accompany the L1A visa holder to the United States. The L2 visa is valid for the same period as the L1A visa and can be extended as long as the L1A visa holder maintains their status.

To apply for an L2 visa, spouses must provide a copy of the L1A visa holder's passport, as well as proof of marriage. Spouses may also be required to provide additional documents, such as a police clearance certificate and medical exam results. It is important to note that L2 visa holders are not authorized to work in the United States unless they obtain an Employment Authorization Document (EAD).

E1 or E2 Visa

If the L1A visa holder is a national of a treaty country and the company they work for is engaged in international trade, the spouse may be eligible for the E1 or E2 visa. The E1 visa is for treaty traders, while the E2 visa is for treaty investors. To qualify, the treaty country must have a treaty of commerce and navigation with the United States.

To apply for the E1 or E2 visa, spouses must demonstrate that they will be employed in an executive or managerial capacity. Spouses must also show that they are coming to the United States to develop and direct the operations of the United States enterprise. Additionally, spouses must provide proof of their nationality and the company's eligibility for Treaty Trader or Investor status.

H1B Visa

If the L1A visa holder's spouse has specialized knowledge and experience in a certain field, they may be eligible for the H1B visa. The H1B visa is for individuals who will be employed in a specialty occupation in the United States. In order to qualify, spouses must have a bachelor's degree or higher or an equivalent amount of work experience.

To apply for the H1B visa, spouses must have a job offer from a United States employer, and the employer must file an H1B petition with the USCIS. The petition must demonstrate that the job requires specialized knowledge, and that the spouse has the qualifications to perform the job.

Conclusion

In conclusion, L1A-visa holders' spouses have several options for getting a visa to stay in the United States. Depending on the spouse's work experience and nationality, they may be eligible for the L2 visa, E1 or E2 visa, or H1B visa. It is important to carefully assess your personal situation and consult with an immigration attorney to determine the best option for you.