Can an L-1 visa be denied?
Unless you can prove that the employee has specialized knowledge that no other American employee possesses, US Citizenship and Immigration Services (USCIS) will reject a request for an L-1 visa.
Why is the L-1 visa rejection rate so high?
Immigration lawyers have seen a recent rise in the L-1 rejection rate because employers aren’t proving that the employee in question has the necessary specialized knowledge that’s invaluable to the American branch of the company.
How to make your L-1 visa application stronger?
It’s a good idea to spend plenty of time training your employees to provide them with the specialized knowledge that they need before applying for an L-1 visa so they have the strongest application possible. 2. Not Enough Evidence
Can you bring an employee on an L-1 visa?
An L-1 visa enables you to bring just such an employee over. There are two types of L-1 Visas: the L-1A and the L-1B. However, just because you’ve got a compelling case for bringing over an employee doesn’t mean that the US government will accept your application.
How often do L-1 visas get rejected?
L1B visa denials rise 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.
Can L-1 visa be denied?
As an L-1 visa beneficiary, you will need to demonstrate that you possess specialized knowledge that is invaluable to the organization and which cannot be provided by a citizen or legal permanent resident worker. Failure to do this can result in denial.
Is L-1 visa difficult to get?
Not just the H1B Visa; it is getting increasingly difficult to even get the L1 Visa. The refusal rate for both the L1A and L1B Visas have increased in recent times. The L1A Visa is for Managers and Executives while the L1B Visa is for workers with specialized expertise.
Why does L-1 visa extension gets 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.
Is L-1 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 an L-1 visa take?
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. If the employer is applying under a Blanket L, processing can be reduced to 1-3 weeks.
Is L1 visa interview difficult?
To gain entry to the United States on an L1 Visa, you must crack the visa interview first. It's not an easy task if you are not well prepared. To have a better chance of success, you must devote time to research the most common questions asked during the interview process.
Which is better L1A or L1B?
If you're a manager, executive, or business owner, an L1A visa can grant you a stay for as long as 7 years. If you're an employee with specialized skills and knowledge, an L1B visa grants you a stay for as long as 5 years.
What is the salary on L1 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).
How many times can you apply for L-1 visa?
While L-1 visa holders are allowed to renew their status, the overall period of stay is a maximum of seven years for L-1A holders (L-1B holders can only stay for a maximum of five years. This is the three-year initial period plus every other added year in the extension request.
How many L-1 visas are issued each year?
No Annual Limits On the other hand, there are no limits to how many L-1 visas are approved each year. This means that your petition will not be rejected due to the fact that there are no more available visas.
Does L-1 visa have lottery?
The L1 visa and H1B visa also both qualify for US visa priority processing. However, because of the quota there is very limited availability of H1B visas. There is usually a lottery in April for available H1B visas to start in October in the same year.
Why are L-1 visas denied?
The assessment standards for the U.S. work visa requirements are being raised to ensure that resident workers are favored over foreign job applicants.
What to do if you get denied a L-1 visa?
under that same company. Always be sure to work very closely with a qualified immigration attorney after an L-1 denial in order to determine your options and to ensure that you are making the correct legal decisions.
What is an L-1 visa?
The L-1 is a nonimmigrant visa that allows multinational companies to send managers, executives, and employees with specialized knowledge to an office or affiliate in the U.S. It comes with a host of benefits such as dual intent, no annual limit, and no educational requirements. On top of that, an employer can file an L-1 blanket petition for multiple employees at once rather than file each one individually. It also allows these workers to travel to the U.S. to establish a new office or branch in the country.
What is a business plan for L-1 visa?
As an L-1 visa sponsoring employer, your business plan is one of the things the USCIS will scrutinize to make a decision on the petition. This is why it is recommended to have a flawless L-1 business plan. That said, having a plan won’t just be enough, the details in the plan must correspond with the present reality of the business. For instance, if there are exaggerated business growth projections that do not reflect the standards in your industry, this may stand as a red flag.
How long does it take to appeal a denial of a USCIS application?
District Court directly. Appealing to the AAO often takes at least six months and generally results in an affirmation of the previous denial by the USCIS.
How long do you have to work to get a L-1 visa?
In fact, the only major requirement is that the beneficiary needs to have worked for the company for at least one full year in the three years that precede the petition filing. 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.
What happens if you don't include supporting evidence in your L-1 application?
If you fail to include an important document or give incorrect information at any stage of your visa application, that may lead to your L-1 visa denial. Some errors you will need to carefully avoid include entering an incorrect job title or job descriptions, using an inappropriate delivery method, or sending your visa application to the wrong address.
Unable to Confirm Expert Knowledge or Managerial Duties
If you cannot prove that a worker has expert knowledge possessed by no other US worker, USCIS will reject your L-1B visa application. It’s smart to train your staff members to give them the expert knowledge they require prior to requesting an L-1 visa to increase their chance of approval.
Insufficient Proof
In 2015, the government published a note delineating what USCIS officers should pay attention to when evaluating L-1 visa applications, in particular the fact that there must be sufficient proof that a certain worker satisfies qualification requirements.
Political Factors
Though USCIS officers are required to make their decisions based solely on a case’s merits, governmental oppositionists argue that politics have affected the L-1 visa evaluation procedure.
What Are Your Options When Your L-1 Visa Request Is Denied?
Considering the denial rates for L-1 visa requests along with the current political environment, you must accept the chance that your request could fail.
Get Help with L-1 Visa Requests from an Immigration Lawyer
If you want to apply for or have just been denied an L-1 visa, speak with a skilled immigration attorney in Fairfax VA who focuses on work-related concerns. Being approved for entry into America on a short-term basis alone is a complex and often aggravating ordeal.
What is an L-1 visa?
The L-1 visa is a very advantageous nonimmigrant work visa that allows companies that have branches, offices, or affiliates in the U.S. to transfer specific employees to that branch. In order to qualify, the beneficiary (you) must be:
How to request an extension for L-1 visa?
To request an L-1 visa extension, your U.S. employer will need to file the I-129 Petition for a Nonimmigrant Worker with the USCIS. The form must be submitted with all the necessary supporting documents. Failure to file your petition properly may lead to delay or denial.
What Are My Options After L-1 Extension Denial?
No matter what, start with finding a qualified immigration lawyer to advise you every step of the way. This way you can avoid the common pitfalls people tend to make when they are panicked about having to leave the U.S.
What happens if you don't get an L-1 extension?
Like we stated earlier, when you petition for an L-1 extension, you are essentially re-petitioning for a new L-1 visa. That means that your new position must fulfill the requirements of either an executive, manager, or a specialized employee. If it does not, then you are liable to have your L-1 extension denied.
Why is it important to retain an immigration attorney?
You must keep up with it in order to be sure that you are making the right decisions. Unfortunately, few have the time to become experts in immigration law. That’s why it’s always a good idea to retain the services of an experienced immigration attorney to take some of the pressure and stress out of your situation.
Can I extend my L-2 visa?
Your spouse and children on an L-2 visa can also extend their visas. However, while you (the primary beneficiary) will need the I-129 form for an extension, your relatives will need to submit the I-539 form. They must also do so before their current L-2 visa expires—ideally, at least 45 days before the expiration date.
Can you extend your visa if you have a misdemeanor?
Even if you only served a sentence of a few months for a misdemeanor, it could still have a serious impact on your ability to extend your visa.
What is an L1B visa?
An L1B visa is used for a company to transfer an employee who has specialized knowledge (knowledge not available in the US like trade secrets or highly skilled talents) The B does not stand for “blanket.”
What happens if you go for L1-B blanket again?
If you go for L1-B Blanket again , High probability of getting rejected.
How long can an L1B stay in the US?
An L1B can be admitted for a period of up to three years, and can apply for an extension for up to two years, thereby remaining in the US for a maximum period of five years. After five years, the L1 must physically resided outside the US for one year, before being permitted to return as an L. Brief US visits are permitted for tourism purposes, but they have to be well documented.
Can consular officials disqualify employees?
It’s unfortunate that many consular officials don’t give very specific reasons for disqualifications and the lawyers for many companies that have approved blanket petitions are not very competent to help their employer qualify employees for transfer to the US.
Can I appeal a consular refusal?
You can either appeal the refusal if you think the consular official is incorrect in refusing your visa, or you can reapply when you are prepared to demonstrate that you have overcome the reasons for disapproval. I suspect that you would choose the latter.
Does confidence matter in L1B interview?
I’m no expert and this is my first L1B (Blanket) Visa interview experience but it appears to me that the confidence with which you answer definitely matters. If you’re truthful - it’s natural to be confident in what you say. In addition to this the company you work for and your tenure + compensation (salary) appears to matter as well.
Why is my visa denied?
An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for ...
What happens if you are denied a visa?
If denied a visa, in most cases the applicant is notified of the section of law which applies.
What is INA visa?
The Immigration and Nationality Act (INA) contains provisions that may allow a visa applicant who was denied a visa for a particular ineligibility to apply for a waiver of that ineligibility. The Department of Homeland Security (DHS) adjudicates all waivers of ineligibility. Waivers are discretionary, meaning that there are no guarantees that DHS will approve a waiver for you. If the waiver is approved, you may be issued a visa.
What does "refusal of visa" mean?
A visa refusal, or ineligibility, under section 212 (a) (4) of the INA means that the consular officer determined that you are likely to become a public charge in the United States.
What do consular officers look for in visa interviews?
While conducting visa interviews, consular officers look at each application individually and consider the applicant's circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.
Where do I mail a waiver for a K visa?
Citizenship and Immigration Services (USCIS) Lockbox facility, with few exceptions. Learn more on the USCIS website.
What happens if your application is incomplete?
Your application is incomplete and/or further documentation is required - Applicants whose application forms or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed what is needed and how to provide it to the embassy or consulate.
