My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?


There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative generally would be for those dependents to apply for immigrant visas through a consular post. (13.Jul.2023)

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