L2 visa clarifications

[sam2009]

Hello,

I have a few questions related to L2 visa.

My spouse wishes be on a L1A visa shortly for a few years through her employer.

- is L2 visa mainly for wife or for husband as well? Do people apply under this category? Is it normal and common?
- what are the job prospects for a L2 visa holder after obtaining EAD? Will we be treated on par or opportunities diminishes?
- are there any disadvantages of choosing L2 visa? Reason for asking is that we have a very comfortable setup here in India today and would not like to compromise just for the sake of it.

Thanks

[raghvi]

Hello,

I have a few questions related to L2 visa.

My spouse wishes be on a L1A visa shortly for a few years through her employer.

- is L2 visa mainly for wife or for husband as well? Do people apply under this category? Is it normal and common?
- what are the job prospects for a L2 visa holder after obtaining EAD? Will we be treated on par or opportunities diminishes?
- are there any disadvantages of choosing L2 visa? Reason for asking is that we have a very comfortable setup here in India today and would not like to compromise just for the sake of it.

Thanks

- L2 is for L1's dependents. A spouse of primary L1 is considered a dependent, and so are the children. Yes, it is normal if the husband gets L1, wife applies for L2 and vice versa.
- You will have to check job sites. In my opinion, US is primarily skill driven, if you have the right skills , it would not be difficult to get a job.
- This is a personal choice. Everything has pros and cons. Seems you are uncomfortable leaving a well settled job and trying for a new one in a foreign country on L2 EAD. There are ample opportunities,yes, you will have to go after them and search for them. Sit with your spouse and discuss about the future, kids, if any, their studies etc.

This is my opinion not legal advice.

[sam2009]

- L2 is for L1's dependents. A spouse of primary L1 is considered a dependent, and so are the children. Yes, it is normal if the husband gets L1, wife applies for L2 and vice versa.
- You will have to check job sites. In my opinion, US is primarily skill driven, if you have the right skills , it would not be difficult to get a job.
- This is a personal choice. Everything has pros and cons. Seems you are uncomfortable leaving a well settled job and trying for a new one in a foreign country on L2 EAD. There are ample opportunities,yes, you will have to go after them and search for them. Sit with your spouse and discuss about the future, kids, if any, their studies etc.

This is my opinion not legal advice.

Thanks a lot for your response. Also, is it tough to convert L2 visa into H1?

[inadmissible]

is it tough to convert L2 visa into H1?

This is like asking, "Is it tough to get a H-1B visa?"

You'd have to find an employer willing to sponsor the visa, you'd have to win a slot in the lottery, and you'd have to wait for the application window to open up next year

In many ways, L-2 with EAD is superior to H-1B because you aren't married to any particular employer: you can get any job you want, or consult on your own as an independent contractor, or start your own business, or choose to take a break and not work at all without jeopardizing your privilege to remain in the United States. With an L-2 EAD, you compete for jobs on parity with US citizens and permanent residents

The only advantage having a H-1B visa over a L-2 visa with EAD is that you're not dependent on your spouses status in any way. If she quits her job or moves abroad you will have the flexibility to remain in the US working on your H-1B

[sam2009]

This is like asking, "Is it tough to get a H-1B visa?"

You'd have to find an employer willing to sponsor the visa, you'd have to win a slot in the lottery, and you'd have to wait for the application window to open up next year

In many ways, L-2 with EAD is superior to H-1B because you aren't married to any particular employer: you can get any job you want, or consult on your own as an independent contractor, or start your own business, or choose to take a break and not work at all without jeopardizing your privilege to remain in the United States. With an L-2 EAD, you compete for jobs on parity with US citizens and permanent residents

The only advantage having a H-1B visa over a L-2 visa with EAD is that you're not dependent on your spouses status in any way. If she quits her job or moves abroad you will have the flexibility to remain in the US working on your H-1B

Very useful forum. All going points thanks for that. My last question for now would be what is the impact on children's education and lifestyle? Meaning is it difficult for kids to get adjusted ex weather, school teaching, friends, activities etc. Also, if we decide to return to India at some time (assuming we get through), will it not be an issue for the kids when they come back because they are already used to certain lifestyle and teaching abroad? Won't there be any comparison? Thanks

[raghvi]

Very useful forum. All going points thanks for that. My last question for now would be what is the impact on children's education and lifestyle? Meaning is it difficult for kids to get adjusted ex weather, school teaching, friends, activities etc. Also, if we decide to return to India at some time (assuming we get through), will it not be an issue for the kids when they come back because they are already used to certain lifestyle and teaching abroad? Won't there be any comparison? Thanks

This is a very personal as well as vast and complicated topic with lot of variables. I would suggest reading expat forums and blogs.

This is my opinion not legal advice

[inadmissible]

The United States is a huge country. School districts are administered locally and differ in character, approach, curriculum, and funding. Cultural and weather vary widely, and like schools is all local. So your family's experience in the United States depends a great deal on where you end up living