An L-2 visa is a type of nonimmigrant visa that allows the spouse and unmarried children of L-1 visa holders to live and stay in the United States. L-2 visa holders are not permitted to work in the United States without first obtaining an Employment Authorization Document (EAD).
To apply for an EAD on an L-2 visa, you must first file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). The filing fee for Form I-765 is $410. You can file Form I-765 online or by mail.
1. Eligibility
The eligibility requirement for applying for an EAD on an L-2 visa is directly connected to the purpose of the L-2 visa itself. The L-2 visa is a dependent visa, meaning that it is granted to the spouse and unmarried children of L-1 visa holders, who are themselves temporary workers in the United States. As such, L-2 visa holders are not permitted to work in the United States unless they have an EAD. Therefore, the eligibility requirement for an EAD on an L-2 visa ensures that only those who are eligible to work in the United States are able to obtain an EAD.
In practical terms, this means that if you are the spouse or unmarried child of an L-1 visa holder and you have a valid L-2 visa, you are eligible to apply for an EAD. However, it is important to note that just because you are eligible to apply for an EAD does not mean that you will be approved. USCIS will review your application and make a decision based on your individual circumstances.
To increase your chances of approval, it is important to carefully follow the instructions on the Form I-765 and to submit all required documentation. You should also be prepared to provide evidence of your L-2 status, such as a copy of your L-2 visa and I-94 arrival/departure record.
2. Application
Filing Form I-765 is a crucial step in the process of applying for an EAD on an L-2 visa. The form is used to request permission to work in the United States from U.S. Citizenship and Immigration Services (USCIS). The filing fee for Form I-765 is $410.
There are two ways to file Form I-765: online or by mail. If you file online, you will need to create a USCIS online account. Once you have created an account, you can follow the instructions on the USCIS website to file Form I-765. If you file by mail, you can download Form I-765 from the USCIS website. Once you have completed the form, you can mail it to the USCIS address listed on the form.
It is important to note that you cannot work in the United States without an EAD. If your EAD application is denied, you may be able to appeal the decision. To increase your chances of approval, it is important to carefully follow the instructions on the Form I-765 and to submit all required documentation.
3. Evidence
Providing evidence of your L-2 status is a crucial step in the process of applying for an EAD on an L-2 visa. The evidence you provide will help USCIS to determine whether you are eligible for an EAD and whether you have met all of the requirements.
The most important piece of evidence that you can provide is a copy of your L-2 visa. Your L-2 visa will show that you are the spouse or unmarried child of an L-1 visa holder and that you have been admitted to the United States for a temporary period of time.
In addition to your L-2 visa, you should also provide a copy of your I-94 arrival/departure record. Your I-94 record will show the date you entered the United States and the date you are expected to depart.
Providing evidence of your L-2 status is essential for your EAD application. Without this evidence, USCIS will not be able to determine whether you are eligible for an EAD.
4. Processing time
The processing time for an EAD on an L-2 visa can vary depending on a number of factors, including the workload of USCIS, the time of year, and the complexity of your case. However, it typically takes several months to receive an EAD after you have filed your application.
- USCIS workload: USCIS is responsible for adjudicating all applications for EADs. The workload of USCIS can vary depending on a number of factors, including the number of applications that have been filed, the number of staff available to adjudicate applications, and the complexity of the applications. When USCIS is experiencing a high workload, the processing time for EADs can increase.
- Time of year: The processing time for EADs can also vary depending on the time of year. For example, the processing time for EADs tends to be longer during the summer months when there are more applications being filed.
- Complexity of case: The processing time for EADs can also vary depending on the complexity of your case. For example, if you have a criminal history or if your case requires additional review, the processing time for your EAD may be longer.
It is important to be patient during the EAD application process. USCIS will adjudicate your application and make a decision based on your individual circumstances. In the meantime, you should continue to follow the instructions on your Form I-765 and submit any requested evidence.
FAQs on How to Apply for EAD on L-2 Visa
Here are answers to some frequently asked questions about applying for an EAD on an L-2 visa:
Question 1: What is an EAD?
An Employment Authorization Document (EAD) is a document that allows certain non-citizens to work in the United States. L-2 visa holders are not permitted to work in the United States without an EAD.
Question 2: Am I eligible to apply for an EAD on an L-2 visa?
To be eligible, you must be the spouse or unmarried child of an L-1 visa holder and have a valid L-2 visa.
Question 3: How do I apply for an EAD on an L-2 visa?
To apply for an EAD on an L-2 visa, you must file Form I-765, Application for Employment Authorization, with USCIS. The filing fee is $410.
Question 4: What evidence do I need to provide with my EAD application?
You must provide evidence of your L-2 status, such as a copy of your L-2 visa and I-94 arrival/departure record.
Question 5: How long does it take to process an EAD application?
The processing time for an EAD on an L-2 visa can vary, but it typically takes several months.
Question 6: What should I do if my EAD application is denied?
If your EAD application is denied, you may be able to appeal the decision. You should consult with an immigration attorney to discuss your options.
These are just a few of the most frequently asked questions about applying for an EAD on an L-2 visa. If you have any other questions, you should consult with an immigration attorney.
Important Reminder: It is important to note that the information provided in this FAQ is for general informational purposes only and should not be construed as legal advice. You should always consult with an immigration attorney to discuss your specific situation.
Tips for Applying for an EAD on an L-2 Visa
Applying for an EAD on an L-2 visa can be a complex process, but there are a few things you can do to increase your chances of approval:
Tip 1: Gather all required documentation.
Before you begin the application process, make sure you have all of the required documentation, including:
- A copy of your L-2 visa
- A copy of your I-94 arrival/departure record
- A copy of your passport
- Two passport-style photographs
- The filing fee
Tip 2: File your application early.
The processing time for EAD applications can vary, so it’s important to file your application as early as possible. You can file your application up to 120 days before your current EAD expires.
Tip 3: Follow the instructions carefully.
The Form I-765, Application for Employment Authorization, is complex, so it’s important to follow the instructions carefully. Make sure you fill out the form completely and accurately, and submit all required documentation.
Tip 4: Submit your application to the correct address.
The address for submitting Form I-765 depends on your location. You can find the correct address on the USCIS website.
Tip 5: Keep a copy of your application.
Once you have submitted your application, keep a copy for your records. This will be helpful if you need to track the status of your application or if you need to provide additional information to USCIS.
Summary:
By following these tips, you can increase your chances of approval for an EAD on an L-2 visa. If you have any questions about the application process, you should consult with an immigration attorney.
Transition to the article’s conclusion:
Applying for an EAD on an L-2 visa can be a complex process, but it is important to remember that you are not alone. There are resources available to help you, including immigration attorneys and non-profit organizations. With careful planning and preparation, you can successfully apply for an EAD and begin working in the United States.
The Path to Employment for L-2 Visa Holders
In this article, we have explored the process of applying for an EAD on an L-2 visa. We have discussed the eligibility requirements, the application process, the evidence that must be submitted, and the processing time. We have also provided some tips for increasing your chances of approval.
Applying for an EAD on an L-2 visa can be a complex process, but it is important to remember that you are not alone. There are resources available to help you, including immigration attorneys and non-profit organizations. With careful planning and preparation, you can successfully apply for an EAD and begin working in the United States.
