bigphally

I am hoping for some clear guidance please. I am due to move to either San Antonio TX or Charlotte NC with my UK employer who owns businesses in both these states on an L1a visa. My intention long term if all goes to plan is to permanently stay in the USA (Green card) helping my company to be a success whilst in turn securing employment for permanent US residents.

Visa's for my 15 YO, my wife and myself are not an issue. The biggest concern I have is for my 19 YO daughter as her dependant status is different due to her age. Basically what I am being told is that we will be able to organise an L2 visa for her which will only cover her for up to 5 years, during these 5 years she can study and work on the college for up to 20 hours per week.

All of this we can manage, however I am struggling to get any guidance on how my 19 YO daughter would be able to stay in the USA permanently and gain normal employment once her L2 visa expires. This option should not be a problem for me, my wife and 15 YO and it seems very strange as the likelihood is, at the end of her L2 visa the only alternative would be for her to move back to the UK when the remaining 3 of us will be allowed to stay.

My wife is self employed as a beauty therapist in the UK doing nails and nail art where she works out of a rented shop. I have discussed with my wife the option of renting and opening a shop in the USA once she has gained the relevant US certificates as she is allowed to do this as long as she has an EAD certificate. This would then allow an option for my daughter to gain full employment but again I do not know if this is possible.

Could someone please offer some sound advice for me please as I am desperate to have a plan for her or the whole thing may be called off due to eventually the family having to split up. :-(

Many Thanks,

Phil.

penguinsix

Hi and welcome,

I think the L2 only works until she is 21 and then it expires (the term of art to google "age out"), but I'll let some others who have more experience with that chime in shortly. Has your company said they will sponsor you for a Green Card? They may need to look at doing an immediate filing of that as it can take years.

As for the long term plan of opening a beauty shop, that's a good idea for your wife, but I can't seen the US immigration issuing a visa for your daughter to work there. Most work visas are for business managers of international companies, doctors, lawyers, engineers, sports stars (Wayne Rooney) and whatnot. I don't really see a path to a visa for her as a beauty therapist.

The USA is just waking up so we'll see some more replies soon.

petitefrancaise

Yes, your 19yr old will "age out" of the L2 at 21. Best bet would be to request immediate sponsorship for a Green card, which should be fairly quick since you are L1a. I personally would not move without the company agreeing to this.
She could transfer to F1 visa if she were a full time student but you've got immigration issues after that.
Once you have green cards, she can stay in the USA without a problem and then 5 years later apply for citizenship.
FWIW, we did this route because we had a 16 yr old. We had our GCs 6 months after arriving on the L1/L2 visas. I think the GCs may be taking a bit longer now though

robtuck

She will indeed age out at 21, meaning she'd either need a new Visa (F1) to continue studies or return to the UK. Similar to Petite, we had a 16 year old and pushed for the GC last year (she was 18 when they agreed). Right now, assuming you'd be advised to apply for an EB1C, there is a backlog on these (current date is applications made before 22nd April 2018). For that reason I'd be pressing your employer to go for the GC straight away. That may be a conversation worth having right now as it can be tricky - having the GC means you can move employer, so there is risk on their side and they have to stump up the costs of sponsorship. Given how close she is to 21, you have a pretty good argument as to why it is important to you to enable the move, hopefully they see you as critical enough to get straight down to work on your behalf.

Jac2211

Jerseygirl

Do you have Green Cards? If not you and your family are only temporarily living in the US. Therefore she may be entitled to ‘home student’ rates. Check with the unis...some will allow it...some won’t.

petitefrancaise

If you are not green card holders and still on the L1/L2 visas then those are TEMPORARY work visas and your "ordinary" residence remains the UK - your daughter should absolutely be getting charged normal fees and not being charged for international rates.
We frequently have discussions here on BE regarding GC holders and getting domestic fees - the occasional person seems to get domestic fees but for you it shouldn't be a problem.

scrubbedexpat099

Seems the OP has not started and there is a difference between being just turned 19 and nearly 20.

Certainly something to discuss with the Employer and Lawyer, I would also be looking at the GC and ignoring the L.

Not sure what the 19 year old is doing now, what is she studying, would that be an obvious US conversion if she moved over.

Begs the question of moving a 15 year old over with O Levels presumably next year?

civilservant

Showing your age there Boiler. They haven't been O levels since 1988