L-2 visas are available for spouses and children (under 21 years old) of L visa holders who wish to accompany or join the principal applicant in the United States. Derivative applicants typically receive L-2 status for the same duration as the principal applicant's L-1 status.
If these family members are already in the United States and wish to change or extend their status to L-2, they can collectively apply using Form I-539. Spouses of L-1 workers may also apply for work authorization by submitting Form I-765 along with the required fee and supporting documents. If approved, there are no specific restrictions on the employment location for L-2 spouses.
According to the USCIS website, "Executive capacity" generally refers to the employee's ability to make significant decisions independently, with minimal supervision. "Managerial capacity" generally refers to the employee's ability to oversee and control the work of professional employees, manage the organization, a department, subdivision, function, or component of the organization, or manage an essential function at a high level without direct supervision. For more detailed definitions, please refer to section 101(a)(44) of the Immigration and Nationality Act and 8 CFR 214.2(l)(1)(ii).
According to the USCIS website, "Specialized knowledge" refers to unique knowledge possessed by an individual about the petitioning organization's products, services, research, equipment, techniques, management, or other areas of interest, and its application in international markets, or expertise in the organization's processes and procedures. This knowledge must go beyond what is ordinary or commonly found in the industry or the petitioning organization. In other words, the employee must possess more than just basic skills or familiarity with the employer's interests. Please refer to 8 CFR 214.2(l)(1)(ii)(D) for further details.
