What is the procedure to apply for a L1 visa?
Your L1 petition documents must include:
- Documentation verifying the corporate relationship between the U.S. ...
- Documentation verifying capitalization structure of the company (e.g. ...
- 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. ...
How do I obtain a L1 visa?
What documentation should I show to have an L-1A visa to open my office/branch in the United States?
- Show proof of a physical space large enough to house the new office. ...
- Proof that the beneficiary has been an executive employee in the company for a consecutive year in the last 3 years. ...
- A business plan proving that within one year of operations in the U.S., the business will support a managerial or executive position.
How much cost to apply for L1 visa?
L-1 visa filing fee: $460. The first part of the L1 visa petitioning process will be for the organization to complete, sign and file form I-129 with USCIS.. This applies whether the application is for an L-1A worker in a managerial or executive position or an L-1B specialized knowledge worker.. Filing form I-129 incurs a charge of $460 for the employer, which is to be paid at the same time as ...
Can I travel outside USA with L1 visa?
L1 visas may be beneficial for the following reasons. L-1 visa holder may live and work legally in the US. L-1 visa holder may travel within and outside the US. Spouse and children under 21 years of age are eligible to accompany L-1 visa holder on L-2 visa.
Who are eligible for L1 visa?
To apply for an L1 visa the employee must have worked for an overseas subsidiary, parent, affiliate or branch office of the US company they are transferring to for at least one year out of the last three years. The employee must have worked as a manager, executive, or specialized knowledge worker for this time.
How long is L1 visa valid for?
This visa is meant for a period of 5 years. Once the visa has expired, the applicant can qualify for L-1 status again only after working abroad for the U.S Company's subsidiary, branch, affiliate or parent for a minimum of 1 year.
Which visa 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.
Is L-1 a good visa?
The L1 visa is a powerful immigration option for people looking to live and work in the USA. The L1 visa allows foreign businesses to transfer certain employees to a US branch, parent, subsidiary, or affiliate company.
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.
How much does an L1 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).
What are the disadvantages of L1 visa?
L1B disadvantages: Only allows FIVE years of immigration status, granted in one increment of three years and a second increment of two. Heavy scrutinization of the definition of specialized knowledge results in increased denial of L1B visa petitions.
Can L-1 apply for green card?
In order to go from an L-1 visa to a green card, you must apply for and get approved for any one of these immigrant visa classifications. Specifically, you'll need to get approved for an immigrant petition with the USCIS through Forms I-130 or I-140 and adjust status by filing a Form I-485.
Can your spouse work on L1 visa?
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.
How long does it take to get an L1 visa?
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. If the employer is applying under a Blanket L, processing can be reduced to 1-3 weeks.
Is L1 visa considered permanent resident?
The L1 visa is a dual intent visa, which means that visa holders are not precluded from seeking residency in the United States. Hence, holders of L1 visas and their dependents may apply for permanent residency in the United States without putting their current visas in jeopardy.
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 be extended beyond 5 years?
However, if the L1 visa is approved for a new office, the visa is initially granted for a 1-year period with 2-year extensions available at the end of the year. Once an L1 visa beneficiary has reached their 5 or 7-year limit, they must be outside of the US for at least 1 year before they can reapply for an L1 visa.
How long can I stay outside US with L1 visa?
L1 visa holders are allowed to travel in and out of the United States for as long as their visa is valid. However, the time they spend outside of the country could count toward their visa's period of admission.
Can L1 visa be converted to H1B?
You can apply for a change of status (CoS) from L-1 to H1B from within the US, without the need to return to your home country. However the USCIS process for converting from L-1B to H-1B status is not always straight-forward, particularly given the uncertain nature of the H-1B application process.
Can L1 apply for green card?
In order to go from an L-1 visa to a green card, you must apply for and get approved for any one of these immigrant visa classifications. Specifically, you'll need to get approved for an immigrant petition with the USCIS through Forms I-130 or I-140 and adjust status by filing a Form I-485.
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 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.
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.
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
Requirements for an L1 work visa in the United States
The company that the foreign worker is being transferred to must be related to the foreign company outside of the United States. For example, the United States office will need to be a branch, affiliate, subsidiary or joint venture partner of the foreign company.
Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association.
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.
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.
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 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 L-1 Visa?
The L-1 visa (intercompany transfer) is a type of work visa the USA issues to professionals wishing to legally work in the country. The visa is issued to people who are already employed by the company in another country, and who simply wish to relocate to an American office. Visa holders who wish to partake in a long-term assignment at a U.S site or facility must also apply for the L-1 visa.
How long do you have to be employed to get a L-1 visa?
Note, there is an exception to this rule. Namely, US locations that have been running for less than a year can qualify under a separate provision (L-1 New Office). With this visa, the applicant can work for the U.S. company that filed the application.
How long is an L-1B visa valid?
L-1A visas have a three-year validity, and can be extended in two-year periods up to seven years (maximum). Meanwhile, L-1B visas can be approved for a maximum of three years, and then can be extended for two extra years (Up to five years validity).
Can a spouse apply for a L-2 visa?
Yes, your spouse, and any unmarried children under 21 can stay in the US with the main application, although they must apply under an L-2 visa.
Can an employer file a L-1 visa?
Both the employer and employee must fulfill a set of requirements for the L-1 visa petition to be filed successfully.
What is an L1 visa?
The L1 visa, also known as intracompany transfer visa, is a temporary nonimmigrant visa that allows international companies with offices in the US and offices overseas to transfer certain qualified employees to their US office.
How many types of L1 visas are there?
There are two types of L1 visas:
How long is an L1A visa valid?
L1A visas are issued for up to 1 year for start-ups and 3 years for existing companies. The L-1A visa is valid for up to 7 years, with extension.
How long can an employee stay in the US?
The maximum initial stay for employees entering the US to establish a new office is 1 year.
How long do you have to work abroad to be eligible for a 401(k)?
Employee must have worked in the same company abroad, for at least one continuous year prior to the transfer within the previous three years.
Can a spouse of a L1 visa work in the US?
Spouses of L1 visa holders (L2 visa holders) are allowed to work in the US without restriction.
Can a L1 visa be used for work?
L1 visas may be beneficial for the following reasons. L-1 visa holder may live and work legally in the US. L-1 visa holder may travel within and outside the US. Spouse and children under 21 years of age are eligible to accompany L-1 visa holder on L-2 visa.
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 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.
What happens if I get approved for I-129?
Once the I-129 is approved, you are granted L1 status.
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 pur...
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 knowledge employee to th…