FAQs for L-1 Visa Holders and their Families

• Can I apply for L-1 classification for myself?
• Can I transfer or change jobs on an L-1 visa?
• What happens if I am fired or laid off by my employer while working in the United States on an L-1 visa?
• Can my spouse and children come to the United States with me?
• Can my spouse and children work in the United States?

 

Can I apply for L-1 classification for myself?

No, your employer has to file the petition for L-1 status on your behalf.  The employer may be either the U.S. or foreign corporation. 

Can I transfer or change jobs on an L-1 visa?

Yes, you may transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States.  You must notify the U.S. Citizenship and Immigration Services (USCIS) of any significant changes in your employment.  If you want to work for a company other than the one that sponsored your L-1 visa, you would have to change your status to a different work visa.

What happens if I am fired or laid off by my employer while working in the United States on an L-1 visa?

Generally, you would be required to leave the United States if you lost your job with your sponsoring employer.  You may be able to apply for a change of status to stay in the country as a visitor or find another employer willing to petition for a work visa.

Can my spouse and children come to the United States with me?

Your spouse and your unmarried children under 21 years of age may accompany you to the United States.   Unless they are exempt from the visa requirement, your family members must apply for a visa at a U.S. embassy or consulate.  They would be given L-2 visa status, which is for dependents of a person in L-1 status.  The application for an L-2 visa requires a copy of the L-1 approval notice, valid passports, and evidence of the family relationship such as marriage and birth certificates.  If your family is already in the United States in a status that allows for a change of status, they may be eligible to file to change their status to L-2 while remaining in the United States.

Can my spouse and children work in the United States?

Due to a recent change in the law, your spouse with L-2 status can file a petition to get authorization to work in the United States.  Your children in L-2 status are not permitted to work.