how to apply for l1 visa from india

So to apply for the L1 visa, you will need to go through the following steps: Get a transfer offer. Filing Form I-129. Employer must pay the fees. File Form DS-160. Pay the L1 visa application fee. Schedule your L1 visa interview. Submit your L1 visa documents. Attend your interview. This is the obvious logical prerequisite.

Full Answer

How to apply for an L-1 visa?

In order to apply for an L-1 visa, the following steps will have to be adhered to: A petition will have to be filed with USCIS or United States Citizenship and Immigration Services on Form I-129. Supporting documents proving that the company in the U.S.A and the foreign subsidiary, parent or branch meets the qualifying requirements.

What is an intra-company transfer (L1) visa?

The Intra-Company Transfer, or L-1 visa, is a non-immigrant work visa for a qualifying employee of a multinational company to be temporarily transferred to a parent, branch, affiliate or subsidiary of the same company in the United States.

Can I Change my L1 visa to green card?

L1 Visa to Green Card: How to Apply L1-A visa The process of changing status from L1 visa to Green Card, is known as an adjustment of status, whereby you are applying for lawful permanent resident status while already present in the United States.

Who is the beneficiary of an L1b visa?

If the employee will work as a person with specialized knowledge, the visa is specifically called an L1B visa. The L1 visa is not a eligible for self-petition. The US company must file the petition on the employees behalf. Therefore, the US company is considered the petitioner, and the L1 visa recipient, is considered the beneficiary.

How long does it take to get L1 visa from India?

L1 visa processing times Standard 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.

Who is eligible 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.

Can Indians L1 visa?

L-1 Visas for Indians are granted for an initial period up to 35 months under the Department of State's reciprocity schedule. However, Indian L-1 visa holder can have their L1 visas renewed for up to a maximum of 7 years in the case of L-1A visas and 5 years in the case of L1-B visas.

Can I apply L1 visa by myself?

The L1 visa is not a eligible for self-petition. The US company must file the petition on the employees behalf. Therefore, the US company is considered the petitioner, and the L1 visa recipient, is considered the beneficiary.

Which is better L-1 or H-1B?

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 much does an L-1 visa cost?

How much does the US L1 Visa cost?FeeCostForm I-129 USCIS L-1 visa filing fee$460Fraud prevention and detection fee$500DS-160 form MRV filing fee$190Premium processing fee (optional)$2,5001 more row

Is L-1 visa difficult to get?

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.

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 is L-1 visa valid?

An L-1 visa extension can be granted in two-year increments at a time up to the maximum duration for each visa category. The L-1A visa for managers and executives has a maximum period of stay of seven years while the L-1B visa for workers with specialized knowledge has one for five years.

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.

Is L1 visa difficult to get?

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.

When can you apply for L1 visa?

The application must be filed at least 45 days before your start date and not more than 6 months before your employment begins.

How can I apply for L1 visa in USA?

Do I qualify for the L1 Visa?Have employment in another country that is not the US for at least one year in the past three years.Have specialized knowledge, or have a managerial or executive position.Have a transfer offer to a managerial, executive, or specialized knowledge position in the US company.More items...

What is L-1 and L2 visa in USA?

The L1/L2 Visas are for those aspiring to work in the USA or are already working in the US temporarily. The L1/L2 Visas helps small businesses and start-up companies expand their business and services to the US.

Will the spouse of the L-1 visa holder be eligible to work in the States?

Yes, the spouse of an L-1 visa holder can work in the States using an L-2 visa.

Can children of the L-1 visa holder receive employment in the States?

No, children of the L-1 visa holder cannot receive paid employment.

What is the basis for denial of L-1 visa?

An L-1 visa can be denied if the officer believes that the company filing the L-1 petition is not qualified or if the company’s subsidiary, branch...

Is ‘Dual Intent’ allowed for L-1 visa holders?

Yes, dual intent is allowed for L-1 visa holders.

What are the circumstances under which the petitioner will have to pay additional $2,250 as fee?

The petitioner will have to pay an additional $2,250 as fee if- The company employs over 50 individuals in the U.S.A More than half the employees f...

What time does Skype work in India?

Skype: To use Skype to speak to a customer service representative Monday - Friday from 8:00 a.m. to 8:00 p.m., India Standard Time (IST), and Sunday from 9:00 a.m. to 6:00 p.m., IST, please add a new contact to your Skype account with the Skype name ustraveldocsindia.

What form do I need to schedule an interview?

You will need to provide the receipt number that is printed on your approved Petition for a Nonimmigrant Worker, Form I-129, or Notice of Action, Form I-797, to schedule an interview.

How long does it take to get an appointment with the ER?

The approximate appointment wait time is 7 calendar days (as of November 5, 2015).

Is visa processing unchanged?

All other visa processing procedures remain unchanged.

What is an L-1 visa?

An L-1 visa is an employment-based visa that allows organizations to transfer their professional employees from any of their overseas branches to those in the United States. A qualified employee will be eligible to live and work in the U.S. under that nonimmigrant status by filling out and filing an L-1 visa application.

How long do you have to be an employee to get a L-1 visa?

Have been an employee of the same organization in one of its offices abroad for a minimum of one continuous year within the three years immediately preceding your L-1 visa application.

How Can I Transfer From L1 Status to Permanent Resident Status?

resident. To enjoy this L-1 visa benefit, you will need to apply for a green card.

What is the classification of L-1A?

The L-1A classification allows an organization to transfer a qualified employee with a managerial or executive role from one of its affiliated foreign branches to the United States. The employee may come to the U.S. to either continue working for an existing location or to establish a new office in the United States.

How to get a green card if you are an L-1A?

If you are an L-1A employee, the easiest route for your green card application is to file an EB-1C petition. The requirements are quite similar to your current L-1A status. Transferring from an L-1A to an EB-1C is faster than most other nonimmigrant to immigrant process because your application does not require PERM Labor Certification, which may take an extra 8 months to process. However, keep in mind that the EB-1C requires that you must have worked as a manager or executive for your company’s overseas location for one continuous year in the three years leading up to your green card application.

How long do you have to be in a foreign office to be considered a manager?

Evidence that you have been with the organization and have occupied an executive or managerial role for at least one year in one of its foreign offices.

How long do you have to work to get an EB-1C?

However, keep in mind that the EB-1C requires that you must have worked as a manager or executive for your company’s overseas location for one continuous year in the three years leading up to your green card application. If you are in the L-1B subcategory, you may apply for EB-2 or EB-3 green card category.

How long is a visa application valid for?

There is no fee to change an appointment and visa application fees are valid for one year in the country where the fee was paid. The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law.

What determines what type of visa is required?

The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying.

When did Biden suspend travel to India?

On April 30, President Biden signed Presidential Proclamation 10199 suspending most nonimmigrant travel from India. In light of the travel suspension and due to the current pandemic situation in India, most other routine nonimmigrant visa and VAC appointments at U.S. Embassy New Delhi and the consulates in Chennai, Hyderabad, Kolkata, ...

Is there a drop box for visa renewal in India?

Drop Box Appointments: Consular sections across India are now accepting a limited number of drop box applications for renewals of H, L, C1/D, O, I, F, M, and J visas at our Visa Application Centers. Please visit our website to determine whether you are eligible for drop box processing and schedule an appointment for document drop-off. A list of drop-off locations is available on our website.

How to file an L1 petition?

An L1 petition is filed on USCIS Form I-129, along with the Form I-129L supplement. Your L1 petition documents must include: 1 Documentation verifying the corporate relationship between the U.S. company and the foreign company (usually a letter from the corporate secretary, and the Articles of Incorporation of both the foreign and the U.S. company) 2 Documentation verifying capitalization structure of the company (e.g. records of stock or equity ownership) 3 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. company 4 Documentation proving that you have worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or were employed in a position involving specialized knowledge, and that you are coming to the U.S. to work in an executive, managerial, or a specialized knowledge position 5 If you are coming to the U.S. to setup a new office, submit evidence of establishment of new office (e.g. lease for office space, sales contracts, etc.) 6 Annual report of both foreign and the U.S. company, and/or other reports showing the type of business and financial stability 7 Organizational chart indicating your position in the U.S. company as well as the foreign company 8 Copies of applicable business permits/licenses and registrations

What is the L1 form?

An L1 petition is filed on USCIS Form I-129, along with the Form I-129L supplement. Your L1 petition documents must include: Documentation verifying the corporate relationship between the U.S. company and the foreign company (usually a letter from the corporate secretary, and the Articles of Incorporation of both the foreign and the U.S. company)

How long is a L1A visa good for?

Employees in Managerial and Executive positions (L1A visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of seven years.

Can a 21 year old get an L2 visa?

Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for L2 visas. Spouses are eligible to take up employment after obtaining an employment authorization document.

What is an L-1A visa?

The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.

What is L-1B nonimmigrant 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.

What is the classification of L-1A?

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.

How long do you have to work abroad to get into the US?

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

How to Apply for the L1 Visa?

Whereas H-1B visa applicants need to go through the US Labor Department, have prevailing wage certifications, and prove that no available US workers can fulfill the job position , L1 visa applicants do not need these. Read more on the differences between L1 and H1b visas.

How to get a L1 visa?

To get the L1 visa, you must conduct an interview with the officials of the US Embassy that you are applying from . If you are over 13 and under 79 years old, you must schedule an interview. Try to do this as soon as possible, since the Embassies are busy and it might take a while for them to get to your turn.

How Long is the L1 Visa Valid?

When your visa is approved, that is the length of time you will be allowed to work in the US. That time is also specified on your Form I-94 that you will receive upon entry to the US.

Can I Extend my L1A Visa?

If the requirements for extensions are fulfilled, USCIS will grant the L1A visa status for an additional 2 years. USCIS allows two extensions for L1A visas, which means that you can extend your period of stay in the US for another 4 years. Based on this, the maximum amount of time you can to stay in the US with an L1A visa is 7 years. After that, you will either have to go back to your home country or seek other permanent solutions to staying in the US.

Can My L-1B Visa be Extended?

In case you show professionalism and do not breach your work contract or visa rules, your employer might want to extend your L-1B visa. The employer can file for an extension only once, and the period of validity will go on for another 2 years for your L-1B visa. This means that in total, the maximum validity period for this visa is 5 years. After that, you will want to look into more permanent residence options if you decide you want to stay in the US.

How Many L-1B Visa Employees Can there be in a Company?

It is not specified how many people can be such key employees within a company. The company itself must be able to distinguish between employees who are vital to the company function and those who serve to only produce the products or services. Therefore, the company can claim many employees are key to the company and ask for transfers to the US; however, they must prove that the knowledge that the person has cannot be found in other employees or outside workers.

What is the form for L1 visa?

This includes filing Form I-129, Petition for a Nonimmigrant Worker and the additional L Supplement to the form to the US Citizenship and Immigration Services (USCIS). The petition must be approved by USCIS in order for the employee to start their application at the US Embassy. When the petition is approved, the employer will get Form I-797.

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 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 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.

How many L1 visas can you get?

There is no annual limit to the number of L1 visas that can be issued.

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 determines the processing time of a consular application?

It is the caseload of the consular post that will largely determine the processing time, as well as the quality of the submission and supporting documents.

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.

How long does an L1 visa last?

If you have been granted an L1 visa to open a new office in the United States, your visa will initially last for just one year. Where you are an employee transferring to a U.S. affiliated office, your L1 visa will be granted for a period of three years.

How long can an L1B visa be renewed?

The L1A visa, for employees transferring to the U.S. in a managerial or executive capacity, can be renewed for a maximum period of up to seven years. The L1B visa, for those with specialized knowledge, can only be extended for a period of up to five years.

What is the difference between L-1A and L-1B?

The L-1A visa is available only to employees operating in a managerial or executive role, while the L-1B visa is for those with specialized knowledge about the products, procedures or management within their organisation.

What is an intra company transfer?

The Intra-Company Transfer, or L-1 visa, is a non-immigrant work visa for a qualifying employee of a multinational company to be temporarily transferred to a parent, branch, affiliate or subsidiary of the same company in the United States.

How long does it take to get a green card?

You will then need to wait for your priority date to become current, which for EB2 categories can take anywhere from a few months to a number of years. It can take between 8 and 15 months for the I-485 form to be processed, with a further wait of around 6 months for your Green Card to be issued to you.

What is the process of changing from L1 to green card?

The process of changing status from L1 visa to Green Card, is known as an adjustment of status, whereby you are applying for lawful permanent resident status while already present in the United States.

Do I have to answer questions at a USCIS office?

Your case will then be reviewed to determine whether or not an adjustment of status interview is necessary. If so, you will be required to appear at a USCIS office to answer questions under oath or affirmation regarding your Form I‑485. You must bring originals of all documentation submitted with your application, including your passport or official travel documents.