Full Answer
What is the difference between L1 and H1 visa?
the L-1 is more appropriate for those that work for multinational companies while the H-1B is more appropriate for those that wish to have more flexibility in their job. The L1 Visa is reserved for managerial or executive professionals transferring to the US from within the same company, or a subsidiary of it.
What are L1 and L2 visas?
L2 visas are also known as L1 dependent visas. These visas are granted to the spouses and dependents of L1 visa holders. An L2 visa is a non-immigrant visa, but despite this you still enjoy a wide variety of benefits in the time you are in the U.S. How to apply for an L1 dependent visa?
What does a L1 visa mean in the USA?
What are the benefits of an L-1?
- Fast Processing Times. Average processing time is between 3-6 months. ...
- Work Authorization. Spouses are permitted to apply for work authorization once they enter the US to work for any US employer.
- Tax Advantages. The L-1 is a non-immigrant visa, which means it does not offer permanent residency (Green Card). ...
- Transition to Green Card. ...
What are L1 and H1-B visas?
L1 and H1B visas are both dual intent visas, meaning that these visa holder do not have to demonstrate ties to their home country and may have the intent of coming to the US to apply for permanent residency later on. Current L1 and H1B visa holders applying for a green card must file Adjustment of Status to obtain change to permanent resident.
What L visa means?
The L-1 visa is an intra-company transfer U.S. visa. It allows a U.S. company to transfer a key employee from one of its offices in another country into the United States.
Who is eligible for L-1 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.
How does L visa work?
L-1A and L-1B visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States. 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.
Is an L visa an immigrant visa?
The L1 visa is a non-immigrant visa category. This means that the L1 visa is temporary and does not directly lead to a green card.
Is it difficult to get L-1 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 long can you stay on an L-1 visa?
The L-1B visa has an initial period of stay of three years. Individuals can apply for renewals and may receive one extension granted in a two-year increment. This means individuals on the L-1B visa could potentially stay in the U.S. for a total of five years.
How much does an L-1 visa cost?
To apply for your L1 visa, you are required to File a Form DS-160 with the Department of State. The filing fee for a DS-160 for an L1 visa is $190 per applicant. The L1 beneficiary is responsible for paying this fee (L1 worker).
How long does it take to get a L-1 visa?
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.
What are the benefits of L-1 visa?
L-1 Visa Benefits for Foreign WorkersRelatively Low Requirements. ... No Job Offer Required. ... No Annual Limits. ... Period of Stay. ... Educational Requirements. ... Spouses and Dependents Can Work. ... Dual Intent. ... Blanket Petition.More items...
Can you change jobs on L1 visa?
Can I transfer or change jobs on an L-1 visa? Yes, you may transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States. You must notify the U.S. Citizenship and Immigration Services (USCIS) of any significant changes in your employment.
Can L1 visa lead to green card?
The L1 visa is a non-immigrant visa and so it is temporary and does not directly lead to a green card. In order to go from an L1 visa to a green card, you must apply for and get approved for an immigrant visa classification.
What happens after L1 visa approval?
The final step of the L1B visa process, if your application is approved and you are issued an L1B visa, your passport will be returned to you via courier service to the visa collection or passport location specified when making your visa interview appointment.
Can L-1 visa lead to green card?
The L1 visa is a non-immigrant visa and so it is temporary and does not directly lead to a green card. In order to go from an L1 visa to a green card, you must apply for and get approved for an immigrant visa classification.
Which is better L-1 or 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.
What happens after L-1 visa approval?
The final step of the L1B visa process, if your application is approved and you are issued an L1B visa, your passport will be returned to you via courier service to the visa collection or passport location specified when making your visa interview appointment.
Which visa 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 a specialized knowledge worker?
A specialized knowledge worker refers to someone who is a key member of the organization and has proprietary knowledge that can only be gained through experience with that particular employer. An example of specialized knowledge is knowledge of an exclusive software owned solely by the company or any other knowledge that has an impact on the competitiveness of the business.
How much does it cost to file an L petition?
To file an L petition, you must pay a $325 filing fee plus a number of additional filing fees. (eg. Possibly Premium processing & Fraud Prevention fees). Remember that when you submit documents to USCIS, they must be translated and include the appropriate translation declarations.
What is the first type of visa?
The first type of visa is the L-1A , which is used for managers and executives who are responsible for running the business and managing professional workers, among other things. The Code of Federal Regulations provides strict definitions of “managers” and “executives” and the visa application must include a detailed job description as evidence that the executive or manager has the authority to plan, direct, supervise and control the company’s main functions. While beneficial, managers need not supervise employees necessarily and can manage functions or processes instead. That being said, the case for managing employees is much easier to document.
How long can an L-1 visa be extended?
The L-1A visa can be extended for a maximum period of 7 years, while an L-1B visa can be extended for a maximum period of 5 years. For managers, executives and specialized knowledge workers transferring to an established company in the U.S., the L-1 visa will be granted for an initial period of 3 years and then can be extended in 2 year increments. However, executives and managers who are being transferred to start a new office in the U.S. will only be granted an L visa for an initial period of 1 year. As noted above, it is quite difficult to get an extension after one year if your company has not experienced significant growth.
What is a qualifying relationship with a foreign company?
The U.S. employer must have a “qualifying relationship” with a foreign company. This means that the foreign company and the entity in the U.S. have a relationship such as parent, branch, subsidiary or affiliate and the U.S. entity and foreign company share common ownership and control. The company must be doing business in ...
Can a spouse apply for L-2?
Spouses and unmarried children under 21 may apply for an L-2 classification, which allows them to stay in the U.S. for the duration of the L-1 visa holder’s stay. Spouses of the L-1 visa holder may apply for work authorization, which will allow them to work anywhere in the U.S. and unmarried children under 21 will be able to attend school.
What are the requirements for a visa holder to work in the US?
Also, throughout the visa holder’s stay in the US, the employer must be doing business in the US and at least one other country.
What is an L-1 visa?
Apart from the H-1B visa , the L-1 is the other type of work visa the United States of America issues to professionals looking to work in the country. Unlike the H-1B, where an individual is looking to join and American company, the L-1 visa is issued to those who are already employed by the company in another country, and who are merely relocating to an American office.
How long do you have to be employed by a foreign company to be a foreign employee?
Employee Requirements: The applicant must have been employed by the foreign employer for at least one continuous year within the previous three years, in a managerial, executive, or specialized knowledge field.
What is the job of a manager?
Managers supervise and control the work of employees and manage the organization or a subdivision of the organization.
When do I file an I-129?
Form I-129: This must be filed at least 45 days before the employee’s start date, and no more than 6 months before employment begins. 3. Consular Processing: The applicant will need to go to their home country’s consulate or embassy for an interview.
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.
What happens if you go out of status after filing?
If they go out of status after the filing, but before approval, there is no negative consequence, and the person does not accrue unlawful presence. Upon application at the consulate or embassy, the spouse and children of the primary applicant who are under the age of 21 may be issued L-2 visas.
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).
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.
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 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 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 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.
Do L-1 visas have benefits?
When comparing these L-1 visas with many of the other work visa classifications, you will find that, depending on your immigration situation, it has many benefits that the others do not.
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 ...
What is executive capacity?
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, ...
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 ...
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.
What does "doing business" mean?
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad. Be seeking to enter the United States to provide service in an executive or managerial capacity ...
How many branches does a petitioner have?
The petitioner has an office in the United States that has been doing business for one year or more; The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and. The petitioner along with the other qualifying organizations meet one of the following criteria:
When will the POE open in California?
From April 30, 2018, to April 30, 2020, the California Service Center and the CBP Blaine, Washington, port of entry (POE) are participating in a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA).
Who Can Receive an L-1A?
To receive an L-1A visa, the employee must fit into either the role of executive or manager. The definitions of who is considered an executive and a manager are very strict. A manager and executive must plan, organize, direct, and control the major functions of a business and work through other employees to achieve the goals of the organization.
When Is an L-1A Not an Option?
An employee visiting the U.S. for a conference, to attend meetings, or participate in training isn't eligible for an L -1 visa. L-1 visas are for individuals involved in regular and systematic work with a company in the U.S.
What is dual intent?
Dual intent means that an L-1 visa holder can have the intent to keep his L-1 visa status while applying for permanent residency. The green card application will not jeopardize the L-1 visa holder's status as an L-1 visa worker.
How long do you have to work to get an L-1 visa?
It's also required that the employee has worked for that employer for at least one year in the last three years before they're eligible for an L-1 visa. The L-1 visa holder must work for the employer who petitioned for the L-1 visa the entire time they remain in the U.S. on L-1 visa status.
How long does an L-1 visa last?
If the L-1 is granted to an employee who will establish the company in the U.S., the visa will be for only one year.
What is an L-1A visa?
An L-1A visa is a visa for non-immigrant foreign executives or managers who are being transferred to their company's U.S. offices.
What is the difference between L-1A and L-1B?
The major difference between an L-1A visa and an L-1B visa is that different types of employees are eligible for them. The L-1A is for executives and managers. The L-1B is for employees with specialized knowledge.
Overview
Types of L-1 Visas
Application process
Costs
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.
L-1 visas are available to employees of an international company with offices in both the United …
Renewals
The L-1 visa has two subcategories:
• L-1A for executives and managers, valid up to 7 years.
• L-1B for workers with specialized knowledge, valid up to 5 years
After the expiration of the 7 or 5 years respectively, the foreign national can generally only qualif…
Change of Status from L-1B to L-1A
Application to an L-1 visa begins with the filing of a petition with the U.S. Citizenship & Immigration Services (USCIS) on Form I-129 along with supporting documentation showing that both the U.S. company and the foreign parent, subsidiary, affiliate or branch meet the qualifying factors set forth in the law and regulations.
Notice of approval of the Form I-129 is given by the USCIS on a Notice of Action, Form I-797, an…
Limits on employment authorization
The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners who employ 50 or more employees in the United States with more than 50 percent of their employees in the United States in H-1B or L (including L-1A and L-1B) nonimmigrant status. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1…
Criticism
L-1 status may be renewed and extended within the United States. Except in the case of blanket petitions, a new I-129 petition must be filed. Renewal in the United States applies to status only, not the actual visa in the passport. For visa renewal, the applicant must go to a U.S. consulate or embassy outside the United States. An alien cannot leave the United States and then reenter without a valid L-1 visa, and must appear personally before a consular officer for visa issuance.