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.
- Approval of Form I-129 will be provided by USCIS on Form I-797, Notice of Action and this can used as a basis of application by the alien who will be ...
- Applicants who are already in the States during the filing of I-129 can ask for a change in status from non-immigrant.
- Spouse and children of the applicant may receive L-2 visas. Read More L2 Visa Interview Questions and Answers
What are the requirements for L1 visa?
To qualify for an L-1 Blanket Petition, the company must:
- have at least three offices, whether in the US or abroad;
- have an office that has been doing business in the US for at least one year;
- plus meet at least one of the following criteria: have filed at least ten successful L-1 petitions in the preceding twelve months; have minimum 1000 employees based in the US; ...
Can a L1 dependent work in the US?
Spouses and Dependents Can Work. If you are in the U.S. on L-1 status, you will be able to bring your spouse and children along with you through the L2 visa. Also, if they qualify for Employment Authorization Documents, they will be able to work in the U.S. as well. This is a great L-1 benefit because it allows your spouse and dependents to make supplementary income to help support the family if necessary.
Is L1 visa transferable?
The United States L1 visa is a non-immigrant visa which allows overseas companies to transfer employees under two types of L1 visa schemes.
How to get L1a visa?
To be eligible for the L1 Visa, the person applying has to fulfill the following criteria:
- 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.
Is it easy to get L1 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.
How do I apply for L-1?
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.
How do I file a petition for L1 visa?
L1 Visa ApplicationComplete and submit a non-immigrant visa application Form DS-160 to the State Department online. ... The employer/company must file a Form I-129, L-1 Petition for a Nonimmigrant Worker, on behalf of the employee.More items...
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 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).
How much does an L1 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
How long does L1 visa process 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 L-1 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 approved?
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.
What documents are needed for L-1?
L1 visa employee petition supporting documentsThe visa interview appointment letter.The DS-160 visa application confirmation page.Copy of Form DS-160 and L supplement.The DS-160 visa application fee receipt.A valid passport with at least six months left prior to its expiry.Any old passports held by you.More items...
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.
Who can sponsor L1 visa?
There is no restriction on the types of business that can sponsor an L1 visa – corporations (S, C, etc.), LLCs, partnerships, government-owned entities, and non-profit, religious, or charitable organizations are all eligible. The sponsoring employer need not be U.S. owned or incorporated.
What is an L-1 petition?
What is the L-1 Blanket Petition? An L-1 blanket visa petition is a single petition through which certain foreign companies may pre-qualify to transfer their eligible employees into the United States on L-1 visas in groups, thereby eliminating the need to file separate individual visa petitions for each employee.
Can L-1 visa be applied anytime?
Just like every employment-based visa category, your L-1 visa application process must be sponsored by your employer. Your employer will file an I-129 on your behalf. The application must be filed at least 45 days before your start date and not more than 6 months before your employment begins.
Can L-1 visa be applied from USA?
Can I apply for an L1 Visa while in the USA? Yes, but it's important to consult with an attorney to be sure to minimize the risk of unlawful presence.
What documents are required for L-1 visa?
L1 visa employee petition supporting documentsThe visa interview appointment letter.The DS-160 visa application confirmation page.Copy of Form DS-160 and L supplement.The DS-160 visa application fee receipt.A valid passport with at least six months left prior to its expiry.Any old passports held by you.More items...
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 does an executive have to be employed before filing a petition?
They have a physical location for the new office; The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and. The new office will support an executive or managerial position within one year of the approval of the petition.
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
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.
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.
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.
What is an L1 visa?
The L1 visa is a great way for foreign workers to live and work in the United States. With an L1 visa, you can transfer from a foreign company to a related US company to work as a manager, executive, or specialized knowledge worker.
How long do you have to work for a foreign company to get a L1 visa?
The prospective L1 visa beneficiary must have worked continuously for the foreign company full-time for 1 year within the 3 years preceding the filing of the L1 visa petition.
What happens if I get approved for I-129?
Once the I-129 is approved, you are granted L1 status.
What documents do I need to file an I-129?
Along with the Form I-129, your immigration lawyer will include all supporting documents such as your job offer to work for the US company, company financial statements, and the other documents specified above.
Can a nonimmigrant change status?
Certain nonimmigrant classifications are ineligible for a change of status such as the ESTA and the K1 visa.
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.
L1 Visa: Intracompany Transferee
The L1 Visa allows for potential immigration opportunities for foreigners who want to live and work in the United States of America. The L1 Visa is also known as the Intracompany transferee visa as it allows for a temporary relocation of foreigners by companies for high level, executive positions in the U.S.
Eligibility of L1 Visa
The L1 Visa offers various benefits to foreigners that are explained below:
L1 Visa Requirements
There should be a strong collaboration between the foreign company (in which you are currently working) and the US Company (where you are willing to go for work). There should be one of the following relationships between the foreigner company and USA company: 1) Parent/Subsidiary, 2) Branch Office, 3) Affiliate
How to Apply for an L1 Visa
To get L1 Visa, your L1 petition plays an important role. The specific documents that are required to file a petition are listed below,
L1 Visa Conversion to a Green Card
The L1 Visa is temporary and you cannot apply for the green card directly. To get a green card from an L1 Visa you have to apply for adjustment status to an immigrant visa abroad. It is not required to go abroad to apply for an immigrant visa abroad or adjustment status.
What is the L1 Visa?
An L1 visa facilitates the transfer of professionals working for a company in a foreign country to the same company in the United States. These visa holders are known as intracompany transferees since, unlike other work visas, they already work for the company they plan on joining in the US.
How many types of L1 visas are there?
There are two types of L1 Visas depending on the type of work the visa holder performs.
What is the difference between L1 and H1B?
However, there are many key differences between the L1 and H1B visas, including employer eligibility and maximum duration of stay.
What does L1B visa mean?
This means that they either have advanced knowledge of the organization’s processes or special knowledge of the organization’s products , services, equipment, research, or other interests and applications.
How long does it take to file a nonimmigrant L1 petition?
This petition must be filed at least 45 days before the employee’s start date, and no more than 6 months before employment begins.
What form do I file after a Perm?
After the PERM Labor Certification, the employer files an I-140 petition, and once approved, the applicant files the adjustment of status form I-485.
How long does it take for USCIS to process a claim?
The USCIS does provide premium processing to reduce the typical six-month processing time to only 15 days. However, this does come with a fee of $1,225.
How Does the L-1 Visa Work?
To qualify for this work visa, you must have worked for the foreign parent, subsidiary, branch, or subsidiary of the organization for at least one of the last three years.
How long does it take to file a tax return?
A tax return is considered timely if it is filed within 16 months of the due date. If you fail to file within the date, the IRS has the right to deny you the allowable deductions and credits.
What is the 1040NR form?
Nonresident Alien Income Tax Return. Both the income that is effectively connected with a business or trade in the U.S. and income that is Fixed, Determinable, Annual, or Periodical (FDAP) are reported on the 1040NR.
Do nonimmigrants have to pay taxes on L-1 visas?
For nonimmigrant L-1 visa holders in the United States, taxation has always been a pertinent topic. While many aliens would like to avoid breaking the law, the majority are confused about their U.S. tax status and what is required of them. This article gives you insight into all you need to know about L-1 visa taxation.
Do L-1 visa holders get taxed?
As an L-1 visa holder, you may be subject to tax income from U.S. sources. The U.S. source income is grouped into two categories, namely;
Do you need a 3520A for a foreign trust?
The 3520-A, on the other hand, is required if you have a foreign trust. Failure to file a 3520-A in accordance with tax law could lead to substantial penalties and fines.
Does an L-1 Visa Holder Need an Individual Taxpayer Identification Number (ITIN)?
An ITIN is issued by the IRS to people who are not qualified for a Social Security number but are required to file a U.S. tax return. As a nonimmigrant on an L-1 visa, you and any dependents claimed on your tax return must have an ITIN in order to file your income tax. Otherwise, your tax return will not be accepted by the IRS.
How long does it take to get an extension for an L-1 visa?
However, unfortunately, L-1 holders are only granted one extension after their initial three years. After that, they must either transfer their status or apply for a new L-1 visa.
How many L-1 visas are approved each year?
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.
How many employees can you have on an L-1?
revenue of at least $25 million or have a minimum of 1,000 employees working in the U.S. An L-1 blanket petition allows employers to file a single petition for multiple employees, ...
How long do you have to work for a multinational company?
If you are not currently employed with a multinational company that is large enough to have or plant an office in the U.S., then this could be a very difficult hurdle to surpass. This is especially true since you must work at that company for one full year in the three years that precede your entry into the U.S.
How long can you work on an L-1A?
Even though the L-1A allows for holders to work for up to seven years, this limit cannot be exceeded for any reason. For other visas, such as the H-1B or J-1, an extension can be acquired past the usual maximum. There are even some visas like the O-1 and E-2 that allow for unlimited extensions.
What is the most difficult part of obtaining an H-1B visa?
One of the most difficult aspects of acquiring an H-1B, J-1, or TN visa is finding an entity that is willing to sponsor you for the visa. If you are a qualified L-1 applicant, then you are already employed with a U.S. company that will sponsor you.
Is L-1 visa easy to obtain?
Even though the L-1 can be relatively easy to obtain, those same advantages can be considered disadvantages if you are not already employed.
What is an L1 visa?
The L1 visa offers companies a route to transfer non-US national employees to a US branch or subsidiary on a temporary basis. One of the key factors for employers will be understanding the US L-1 visa costs of filing a petition.
Where can I apply for L-1 visa?
With approval of the I-129, USCIS will issue a notice of action and the worker will be able to proceed with the L-1 visa application, either applying at a US Consular post in their country of residence or as a change of status petition made within the US.
When do you pay the L1 visa fees?
The Fraud prevention fee and the Public Law 114-113 Fee, where applicable, must be paid when submitting form I-129 or the application will be rejected.
How much does an L-1 visa cost?
The MRV Fee for petition-based applications, such as the L-1 visa, is $190.
What happens after I-129?
After the I-129 has been filed and the filing fee paid, USCIS will process the petition. The employer will then receive confirmation of receipt of the petition. If applicable, USCIS will then issue a notice for biometric services and/or a notice to attend an interview.
What is NNU immigration?
NNU Immigration are specialist US immigration attorneys. From our central London base, we support companies from across the globe with L-1 visa petitions, ensuring initial eligibility and exploring potential alternative routes to transfer key workers to the US. We also provide guidance to the employer and employee through the petitioning process, and also extension applications.
How much does it cost to change status on an L-2 visa?
Applications to change status from within the US to the L-2 visa category, or to extend existing L-2 status, will require form I-539 to be completed and filed, and the filing fee of $370 per application paid.
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…