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⚠️ Informational only. Immigration rules change. Consult a licensed attorney for your specific situation.
How to Choose: L-2 vs H-4
L-2 and H-4 are both dependent visas for spouses and unmarried children of nonimmigrant work visa holders. L-2 is for dependents of L-1 intracompany transferees; H-4 is for dependents of H-1B specialty occupation workers. A critical distinction emerged in 2021: a court ruling and subsequent USCIS policy confirmed that L-2 spouses automatically have employment authorization (EAD) incident to their status — no separate EAD application required, effective upon I-94 admission. H-4 spouses can only obtain work authorization (H-4 EAD) if the principal H-1B holder has an approved I-140 (immigrant petition) — a threshold many H-1B holders take years to reach due to employer delays or backlog. This makes L-2 significantly more favorable for spouses who want to work in the US. Families where one spouse has an H-1B but the other wants to work should be aware that H-4 EAD is contingent on I-140 approval, while L-2 EAD is available immediately.
L-2
Visa TypeDependent
DurationSame as primary L-1
SponsorshipThrough L-1 holder
Annual CapNo cap
Green Card PathEAD eligible
Premium ProcessingNo
Wage RequirementEAD work authorization
H-4
Visa TypeDependent
DurationSame as primary H-1B
SponsorshipThrough H-1B holder
Annual CapNo cap
Green Card PathH-4 EAD (AC21 pending)
Premium ProcessingNo
Wage RequirementH-4 EAD work authorization
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Frequently Asked Questions
What is the main difference between L-2 and H-4?
L-2 is Dependent while H-4 is Dependent. L-2 requires through l-1 holder, while H-4 requires through h-1b holder. Duration: L-2 lasts Same as primary L-1 vs H-4 lasting Same as primary H-1B.
Can I switch from L-2 to H-4?
Switching between visa types typically requires filing a new petition or change-of-status application with USCIS. Each situation is different. Consult an immigration attorney to evaluate your specific circumstances.
Which is better for a green card — L-2 or H-4?
H-4 EAD (AC21 pending) has different green card implications. EAD eligible is a nonimmigrant path that may lead to a green card. Your best path depends on your qualifications, nationality, and employer situation.