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how to get l1b visa

by Theresa Wilderman Published 2 years ago Updated 2 years ago
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How to Apply for the L-1B Visa

  • Step 1) Receive a Transfer or Promotion ...
  • Step 2) File Form I-129 ...
  • Step 3) Wait for your Employer to Pay All L-1B Visa Processing Fees ...
  • Step 4) File Form DS-160 ...
  • Step 5) Schedule Your Embassy Interview ...
  • Step 6) Submit and Collect Your Documents ...
  • Step 7) Attend your Interview ...

Full Answer

How to file a L-1B visa?

What is the Application Process for L1B Visa?

  • Have employer complete and submit Form I-129 and L supplement.
  • Obtain Form I-129 receipt number printed on an approved Form I-129 petition.
  • Complete Form DS-160 online.
  • Make an appointment for your visa interview.
  • Attend visa interview, bringing along all L1 Visa Required Documents.

Can one switch companies when on L1b visa?

L-1B visa is an employee specific visa, meaning that the L-1B visa holder cannot change his or her employer. However, some L1B employees may be eligible to change from L1B to H1 visa status, allowing them to change employers. L2 Visa Spouses and children under 21 years of L-1B holders may accompany them to the US on an L2 visa.

Can L1b visa be transferred to another company?

This means they also can’t transfer their L-1 visa to a different company. So by changing to H-1B visa status the foreign worker is able to change employers/jobs at any given point. Once approved for H-1B status, you can begin working as soon as October rolls around. Disadvantages of L-1 to H-1B Change of Status

Does birth certificate is required by L1b visa?

You do not need a birth certificate for the L1 visa but like another answer mentioned, it would be a good idea to get a birth certificate while you are still in india. The birth certificate is important for Green Card processing later on.

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What is an L1B visa?

The L1B visa was designed to allow foreign companies to transfer certain foreign workers to the United States so that they are able to work as a specialized knowledge worker for an affiliate US office.

What is the qualification for L1B visa?

To qualify for an L1B visa, the beneficiary must be coming to the USA to work in a position that requires specialized knowledge.

What is the difference between L1A and L1B?

There are 2 separate classifications of L1, which are the L1A visa and the L1B visa. The L1A visa is for foreign workers who will be working in the United States as either a manager or executive. The L1B visa is for foreign workers who will be working in the United States as a specialized knowledge worker.

How long can a foreigner work in the US with a L1B visa?

With an L1B visa the foreign worker can work in the US for up to 5 years.

How long is an L1B visa valid?

Existing office L1B visas, on the other hand, are normally granted for an initial period of 3 years.

How long do you have to be employed to file for L1B?

The L1B visa beneficiary must have continuously been employed by the foreign company, full-time, for at least 1 year within the previous 3 years prior to filing the L1B petition.

How long does it take to get an L1 visa?

Upon approval, an L1 visa should be affixed to your passport within roughly 1 week.

What is an L1B visa?

The L1B visa is a nonimmigrant visa issued to foreign employees with specialized knowledge being transferred to their companys US offices. An L1B individual visa is one of two L1 visa categories for intracompany transferees and allows employers to transfer foreign employees with specialized knowledge relating to the interests of the company. L-1 visas also allow employers to bring such employees to the US with the purpose of establishing a new US branch, subsidiary, or affiliate of the organization.

What is the Application Process for L1B Visa?

Employers must file L-1B visa petitions on behalf of the employee. The L-1 petition must be filed at the service center location that has jurisdiction where the applicant will be working , or the location of the company.

What are the requirements for an L1B visa?

Employers. The qualifying employer must meet the following L1B visa requirements for employers. Employer must have a qualifying relationship with a foreign company, affiliate, or branch; and. Employer is currently doing business , or will be doing business, in the U.S. and in at least one other country for the duration of ...

What is required to be a L1B?

To qualify for an L1B individual visa, the employee must possess specialized knowledge of the organizations service, product, equipment, management, techniques, research, or procedures and processes. L-1B employees must also be members of their profession, including but not limited to lawyers, physicians, architects, engineers, and teachers.

How long does an employee have to work abroad before entering the US?

Employee has been working for a qualifying organization abroad for at least one continuous year within the 3 years before entering the U.S.; and. Employee is seeking to enter the U.S. to perform services in specialized knowledge for a branch of the same organization or employer.

What is L1B visa?

To begin with, an L1B visa represents a nonimmigrant visa, which is granted to foreign employees. Basically, in order to get this type of visa, you should be a specialized knowledge professional. What does specialized knowledge entail, though?

Who Is Eligible for an L1B Visa?

Now we would like to look in closer detail at the eligibility criteria when it comes to the L1B visa. What specifications should be met by both employees and employers? Each category has to meet particular criteria.

How Much Does an L1B Visa Cost?

The same goes in the case of the L1B visa. The processing fee you’ll have to pay is of $190. You have to pay this so that your application is processed.

What are the criteria that one should meet to qualify for L1B?

What about the employer: what are the criteria that one should meet to qualify? The employer is expected to have a relationship with a foreign affiliate, company or branch. Concurrently, the employer should do business at the present time, or plan on doing business in the foreseeable future in the US. Aside from this, one has to operate in at least another country, during the time the L1B visa holder remains in the US.

What are the benefits of L1B visa?

Moving on to some of the benefits associated with this type of visa, what is worth noting? An L1B Visa comes with the following benefits: for one thing , if you have this visa, the law allows you to live, travel and work in the US. At the same time, you might be accompanied in the US by dependents, according to the law.

What does it mean when a visa interview goes well?

It’s important for the interview to go well. If it does, this means that your visa will be processed in the foreseeable future. Your passport will also be sent out to you via courier service to the passport location or visa collection location you included when you made the visa interview appointment.

How long does it take to get a visa for L1B?

As a visa holder, you will most likely want to know the processing time. Basically, it can take somewhere between three and four months to get a response regarding your L1B visa application.

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 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.

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If everyone is specialized, then no one is. In other words, the specialized knowledge requirement is intended for “key” personnel. While all experienced employees in a small company may be “key”, for a larger company there should be a distinction between “key” and normal personnel.

L-1B to L1A Conversion

Since the maximum stay on L1B is five years while it is seven years for L1A visa, some people may want to do L-1B to L-1A conversion. As long as the L-1A petition is approved prior to completion of 4.5 years on L-1B visa, they would be fine. Of course, the alien must be eligible to receive L1A on its own.

What is an L-1 visa?

The L-1 visa is designed for multinational companies to transfer their foreign employees to a branch, subsidiary, office, or affiliate in the U.S. These employees, however, must fall into one of these two categories:

What is required to get an EB-2?

An L-1B holder seeking an EB-2 NIW green card must be able to prove that waiving the PERM labor certification process will be in the interest of the United States. In other words, the applicant’s endeavor in the U.S. will benefit the country.

What happens if I don't get approved for an I-485?

Another implication of moving from an L-1B to a parolee status is that if your I-485 petition is not approved, there will be no nonimmigrant status to fall back on, and this will put you at the risk of being flagged for an unlawful stay and unauthorized employment.

What is the second green card?

The second is the EB-3 green card for professionals (bachelor’s degree holders), skilled (experienced) workers, and unskilled (inexperienced) workers. A professional is an applicant whose occupation requires a minimum of a U.S. bachelor’s degree or equivalent foreign degree and is also a member of that profession. A skilled worker is an applicant whose job requires at least two years of work experience or training. An unskilled worker is an applicant whose unskilled labor requires less than two years of training. Each of these 3 categories of EB-3 applicants has its own requirements.

How to qualify as a specialized employee?

In order to qualify as an employee with specialized knowledge, you must have knowledge of the company’s product, research, techniques, service, or equipment that makes you indispensable to the company’s functions in the U.S. This must extend further than simply having experience in the field. You must have been working for the company for at least one consistent year in the three years prior to petitioning.

Can I apply for an I-765 and an I-131?

The I-765 is an application for an employment authorization document while the I-131 is an application for a travel document. Because AOS is a long process, these two accompanying documents are issued to allow applicants to work and travel lawfully while their green card application is pending.

Is it a good idea to go into immigration law without an attorney?

As we’ve stated before, it’s never a good idea to go into something as complex as immigration law without an experienced guide and helper. Retaining an immigration attorney can help make sure that each step along the road from an L-1B visa to a green card is done right. You will also have an expert to fight for you if unexpected issues arise.

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 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.

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.

What is the EB2 category?

To gain permanent residency with L1B status, where you are working in a non-management role as a “specialized knowledge” worker, eligible applicants will usually apply under the EB2 category (advanced degree) or the EB2 category (skilled or professional worker).

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.

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.

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Establishing New Offices

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Foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office must show: 1. They have a physical location for the new office; 2. The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and …
See more on uscis.gov

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…
See more on uscis.gov

to Qualify, You Must

  1. 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
  2. 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.
See more on uscis.gov

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…
See more on uscis.gov

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