H-1B and L-1 visas can now be issued for employees who are seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. All those on H-1B visas working in the healthcare sector, especially those related to the COVID-19 pandemic, are exempted from the July 22 travel ban.
How long can I Stay with a L1 visa?
This depends on the type of L1 visa that you have. If you have an L1A visa, you are allowed to work in the US for a maximum of 7 years, while with an L1B visa, you can stay up to 5 years. When your maximum time is up, you can explore other options, which can also lead to a permanent stay in the US.
How do I obtain a L1 visa?
What documentation should I show to have an L-1A visa to open my office/branch in the United States?
- Show proof of a physical space large enough to house the new office. ...
- Proof that the beneficiary has been an executive employee in the company for a consecutive year in the last 3 years. ...
- A business plan proving that within one year of operations in the U.S., the business will support a managerial or executive position.
What is the procedure to apply for a L1 visa?
Your L1 petition documents must include:
- Documentation verifying the corporate relationship between the U.S. ...
- Documentation verifying capitalization structure of the company (e.g. ...
- Detailed job description and requirements for the position – In case of a specialized knowledge position, detailed description of your unique knowledge to be used by the U.S. ...
Can I travel outside USA with L1 visa?
L1 visas may be beneficial for the following reasons. L-1 visa holder may live and work legally in the US. L-1 visa holder may travel within and outside the US. Spouse and children under 21 years of age are eligible to accompany L-1 visa holder on L-2 visa.
Is L1 visa still suspended?
President Biden has revoked the Trump-era ban on certain immigrant entries, effective immediately. The ban was set to expire on March 31, 2021. The nonimmigrant ban affecting certain H-1B, H-2B, L-1 and J-1 visa categories remains in effect and is set to expire on March 31.
Are L-1 visas being processed in India?
All other visa processing procedures remain unchanged. Please note that spouse and children visas (L2) and individual L visas (L1B and L1A individuals) may be processed at all posts in India-Chennai, Hyderabad, Kolkata, Mumbai, and New Delhi.
What are the chances of getting L1 visa?
The approval rate for L-1 visas has been on the decline (see graphic). In fiscal 2015 (12-month period ended September 30, 2015), as many as 33,454 L-1 visas were approved with a success rate of 84%. The approval rate declined to 72% in fiscal 2019 with only 29,335 approvals being granted.
What is the L1 visa processing time?
between 6 to 12 monthsStandard L-1 visa processing usually takes between 6 to 12 months. This includes processing of the I-129 petition, which can take up to six months, and consulate processing which can be expected to take up to six months or longer.
Is it difficult to get L1A visa?
However, despite all of these benefits, the L-1 is not the easiest work visa to obtain. This is because the USCIS is becoming stricter with who qualifies as a manager, executive, or employee with specialized knowledge. The L-1A category is for managers and executives.
Will USCIS speed up 2022?
USCIS Extends Premium-Processing to Certain Pending Immigrant Petitions. On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service to two additional categories of Form I-140 immigrant petitions.
Why are L-1 visas getting rejected?
Salary standards. Another major reason an l1 visa is denied is when the wages proposed for the visa applicant are significantly more or less than the standards for that industry in the US. Employers should carefully assess the prevailing wages based on industry and state-specific location.
What is the minimum salary for L1A visa?
Taxes you pay in the US as H1B or L1 Visa holder For example, If you make about $60,000 USD per year in the USA, which is $5000 per month (Gross Salary). For instance, if you live in a state like Wisconsin, your take-home Net Salary would be $3,600 per month ( approximate).
What is the rejection rate of L1A visa?
In Trump's first year as US President, the rejection rate rose to 26.9% in FY 2017, rising to 28% in FY 2018, surging to 34.4% in FY 2019 before falling slightly to 33% in 2020, according to the NFAP analysis.
How long does it take to get L1 visa after interview?
How long does it take ? L1 Visa premium processing guarantees that you get the decision of the L1 petition within 15 days. From October 2, 2020, this will change to 15 Business Days, which means 21 calendar days. You need to pay additional fee for the same.
Is L1 visa better than H1B?
H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.
Can L1 apply for green card?
In order to go from an L-1 visa to a green card, you must apply for and get approved for any one of these immigrant visa classifications. Specifically, you'll need to get approved for an immigrant petition with the USCIS through Forms I-130 or I-140 and adjust status by filing a Form I-485.
What happens if L1 visa is rejected?
Fortunately, if your L-1 visa is rejected, you are able to reapply 3 days after the previous rejection. You don't see applicants doing this often because it's not common that your circumstances change that quickly but it's good to know you don't have to wait 6 months or longer.
Is L1 visa better than H1B?
H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.
How long does it take to get L1 visa after interview?
Generally, the average L1 visa application time can be between six months to a year, depending on the consulate or embassy the application is filed at and the quality and circumstances of the application.
How do I qualify for L1 visa?
Under U.S. immigration law, a worker qualifies for an L-1 visa if the person has been employed outside the U.S. by the sponsoring company for at least one continuous year out of the past three years, and is being transferred to the U.S. to work as a manager, executive, or specialized knowledge worker.
What is an L1 visa?
The L1 visa is a dual-intent visa, meaning that you may have the intent to temporarily remain in the United States while simultaneously having the intent to possibly immigrate to the United States and become a lawful permanent resident in the future. iv. No Set Wage Requirements.
How many L1 visas can you get?
There is no annual limit to the number of L1 visas that can be issued.
How long is a L1A visa valid?
The L1A visa for managers and executives is initially valid for a period of 3 years and can be extended for a total of 7 years.
How many hours a week do you have to work to get an L1?
The entire year of qualifying employment should be satisfied by the time the L1 application is filed. The employment must be full-time (at least 35 hours a week). There is 1 exception to the full-time requirement in certain circumstances where the L1 beneficiary worked for multiple affiliated companies. iii.
What do you need to work for a foreign company to get an L1 visa?
To qualify for an L1 visa, you must have worked for the foreign company in a managerial, executive, or specialized knowledge capacity.
How long do you have to be employed in the US to file a L1?
The employee coming to work in the US must have been continuously employed full-time by the foreign company for at least 1 year within the last 3 years before filing the L1 petition. The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity.
Where to apply for L1 visa?
If you are not doing a Change of Status, then you will likely be applying for your L1 visa at the Consulate of your home country.
What is an L1 visa?
The L1 visa, also known as intracompany transfer visa, is a temporary nonimmigrant visa that allows international companies with offices in the US and offices overseas to transfer certain qualified employees to their US office.
How many types of L1 visas are there?
There are two types of L1 visas:
How long is an L1A visa valid?
L1A visas are issued for up to 1 year for start-ups and 3 years for existing companies. The L-1A visa is valid for up to 7 years, with extension.
How long is an L1 extension?
L1 visa extensions are given 2 years at a time.
How long do you have to work abroad to be eligible for a 401(k)?
Employee must have worked in the same company abroad, for at least one continuous year prior to the transfer within the previous three years.
Can a spouse of a L1 visa work in the US?
Spouses of L1 visa holders (L2 visa holders) are allowed to work in the US without restriction.
Can a L1 visa be used for work?
L1 visas may be beneficial for the following reasons. L-1 visa holder may live and work legally in the US. L-1 visa holder may travel within and outside the US. Spouse and children under 21 years of age are eligible to accompany L-1 visa holder on L-2 visa.
What is L1 visa?
The L1 visa refers to the transferring of someone from a foreign country to the United States who works in an exclusive, managerial, or specialized field for employment purposes. With this visa, the foreign employee is being transferred from one office to another office in the United States with the same employer, but a different branch or affiliate of the company that employed them.
How Easy Is It To Get An L1 Visa?
The whole point of the L1 visa is to permit foreign employees of a United States company to be transferred from their original branch to the branch in the United States. To begin, the employee has to file the L1 application. The worker is not able to do this. The application is submitted to the USCIS and reviewed by this entity. There are instances when the USCIS will grant blanket L1 visas. This means that the company will have a set number of blank visas that can be distributed to employees who will be transferred to the United States to work. Keep in mind that every visa application takes a certain amount of energy and time and that applies to the L1 visa. There will be plenty of legal documents to review, forms to fill out, and additional paperwork to read. All of this will need to be done within the six months and 45 days before the request start date. Even though all of this paperwork and the entire application process itself could take you several months, working with an attorney who specializes specifically in immigration could help you significantly cut down on time and effort. For L1 visa petitions, there is a premium process available. This means that a fee is paid by your employer (set at $1,225) and the case will be adjudicated by the government in less than 15 days. And what this means is that the USCIS will generally approve the petition in that 15 day period.
How long does an L1 visa last?
In most cases, the L1A visa is granted for a period of three years. If the employee is going to stay in the United States for the job longer, the visa can be extended up to two years at a time for a maximum of seven years total.
What is an I-797 Notice of Action?
Once form I-129 is filed, I-797 Notice of Action is the document that shows that the petition for a visa has been approved. This does not, however, guarantee an issued visa.
How to get a new visa?
To get a new visa issued, they will need to go to a consulate and speak to a consular officer in person. Going through this process is often very difficult because once the visa holder leaves the United States, they have to go to a different country to get their visa renewed.
What are the different types of temporary visas?
Several different temporary work visas can be used to do this including H1B, L1, L1A, and L1B. Although the H1B and L1 visas have some similarities, they also have unique qualities.
How long does it take to get an L1 visa?
This means that a fee is paid by your employer (set at $1,225) and the case will be adjudicated by the government in less than 15 days. And what this means is that the USCIS will generally approve the petition in that 15 day period.
US L1B visa denial rates continue to remain high, even without Donald Trump as US President, according to a report published by Forbes. United States Citizenship and Immigration Services (USCIS) is reportedly denying a significant number of L1B visas, much to the frustration of employers looking to transfer overseas staff with specialist knowledge to the US
According to the Forbes report, as well as causing frustration for employers, continued L1B visa rejections are also discouraging foreign investment.
L1B visa denials rise
Meanwhile, for the 2021 Fiscal Year, the denial rate for L1B petitions to transfer overseas employees with specialized knowledge to the US was 26.2%.
USCIS policy guidance
On April 27, 2021 USCIS announced that it was ‘issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts’.
USCIS response
In response to the continuing high refusal rate of L1B petitions, USCIS issued the following statement: “USCIS officers review each L1B petition on a case-by-case basis to determine if they meet all standards required under applicable laws, regulations and policies.
Requests for Evidence
The Forbes report claims that it’s not only L1B denials affecting employers, but ‘time-consuming and costly Requests for Evidence (RFEs)’, too.
Workpermit.com can help with US employment-based visas
If you would like to apply for a US work visa – including L1 visas , E2 visas , O1 visas and H1B visas - Workpermit.com can help.
What is an L-1 visa?
L-1 visas are available to employees of an international company with offices in both the United States and abroad. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one continuous year within the previous three prior to admission in the US. The US and non-US employers must be related in one of four ways: parent and subsidiary; branch and headquarters; sister companies owned by a mutual parent; or "affiliates" owned by the same or people in approximately the same percentages.
How many subcategories are there in the L-1 visa?
The L-1 visa has two subcategories:
How long is an L-1 visa valid?
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months (for Iran nationals) to five years (India, Japan, Germany), based on a reciprocity schedule. With extensions, the maximum stay is seven years.
How many L-1 visas were approved in 2010?
In 2010, the U.S. Citizenship and Immigration Services (USCIS) approved 74,719 L-1 visas, out of 91,086 applications (a refusal rate of 18%). In contrast, the same document reports a refusal rate of 21% for the H-1B non-immigrant skilled employment visa (117,409 approvals out of 147,937 applicants) and an overall refusal rate of 23% for all non-immigrant visa categories listed (6,275,540 approvals out of 8,142,444 applicants).
Where do I go to renew my I-129?
For visa renewal, the applicant must go to a U.S. consulate or embassy outside the United States.
What is blanket L-1 visa?
Blanket L-1 visas, which are available to employers that meet certain criteria.
Where can I apply for an I-129 visa?
Notice of approval of the Form I-129 is given by the USCIS on a Notice of Action, Form I-797, and using this as the basis of the application, the alien may apply for visa issuance at a consulate or embassy of the United States in the country having jurisdiction over their residence.
How much does it cost to get an L1 visa?
The standard L1 visa application fees are (as at time of writing): 1 Standard fee for filing an L1 petition is $460 2 Obligatory anti-fraud fee of $500 3 An additional fee of $4500 if the organization employs 50 or more workers in the US and half of its staff are working on an L1 visa status. 4 ACWIA Training and Education Fee: $750 for employers with a workforce of 25 or fewer. $1,500 for employers with a workforce of 26 or more. 5 DS-160 application fee (for consular processing only): $190 6 Premium processing fee of $2500
How long is a L1 visa good for?
The L1 visa is temporary. It will initially be granted for a maximum of 3 years. To remain it the US beyond this point would require a further petition to be made, where the same processing time will apply as with the initial application. Alternatively, premium processing offers faster adjudication.
What is an RFE in USCIS?
When the USCIS assess the application it will either be approved, rejected or in many cases they may send an RFE – a Request for Evidence. This will inevitably delay the application processing time.
How long does it take to get an I-129 premium?
The L1 premium processing service is available for a fee where an expedited decision is needed. This official USCIS service reduces the six-month processing time of the initial I-129 petition to just 15 days. The fee for this service is $2500 and the employer must file a Form I-907, Request for Premium Processing Service, along with their Form I-129. The USCIS is obligated to process the application in the 15 calendar days or the fee will be refunded.
How long does it take to file an I-129?
First, the employer files form I-129 with USCIS on behalf of the employee. This should be filed at least 45 days before the commencement of US employment and must not be filed more than six months before employment begins. The time this takes to process depends on the service centre that manages it.
Is there an annual limit on L1 visas?
The L1 visa offers many benefits to employers. It is not subject to an annual limit on the number of visas that can be issue d this category, unlike the H-1B, and does not carry with it any educational requirements of the worker.
Can I file an I-485 form if I am an L1?
Once the I-140 petition is approved, the priority date will be current and the applicant will be able to submit an I-485 form to have their status adjusted from nonimmigrant L1 status to lawful permanent residency under a green card.
What is L-1A nonimmigrant?
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with ...
How to apply for work authorization for L-1 spouse?
Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization with fee. If approved, there is no specific restriction as to where the L-2 spouse may work.
How long do you have to work abroad to qualify for a job?
To qualify, the named employee must also: Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and. Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch ...
Can an L-1 be an employer?
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Background – US Consulates Limited Operations, Visa Slots Issues
US Consulates have been operating with very limited capacity for over a year now due to the COVID Pandemic. The situation of US Visa slots availability is limited globally and many are scrambling for visa slots.
US Visa Interview Waived for certain H1B, H4, L1, Other Work Visas
US Dept of State after working with the Department of Homeland Security (DHS) has given the authority to US Consular Officers to waive in-person visa interviews for certain temporary work visa applicants if they meet certain criteria as listed below.
Interview Waivers for certain F, M, J visa Applicants
US Dept of State is extending the previously approved policy to waive the visa interview for certain students, professors, research scholars, other specialists who apply for F (F1, F2), M, and academic J visas if they meet all of the below criteria:
How does Interview Waiver Work in CGI Federal System ?
On Jan 1, 2022, USTravelDocs / CGI Federal Website that is used to book the US visa appointments got updated with the new Interview Waiver exception that was announced by US Dept of State on Dec 23rd, 2021. Below is how it works in the CGI Federal website booking system.
US Visa Renewals using Dropbox – 48 Months Rule
US Dept of State has extended the 48-month US Visa Renewal rule using the Dropbox option indefinitely. Meaning, there is no deadline as such when this will end. This was supposed to end on December 31, 2021. See below screenshot confirming the same.
Latest News Updates : New Interview Waiver Implementation, Slots
January 1st, 2022: Today, US Dept of State rolled out the new Interview Waiver rule that was announced on Dec 23rd, 2021 that waives in-person interview for many who meet the requirements as mentioned in above article. We have added a new section in the above article that shows the new questions and how the system works.
Establishing New Offices
L-1A Classification
- The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. Your e…
to Qualify, You Must
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
L-1B Classification
- The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowle…