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 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.
How long is an L-1 visa good for?
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.
Which is better h1 or L1 visa?
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 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.
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.
Can a 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.
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 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 L1 visa 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.
How long does it take to go from L-1 visa to green card?
In most cases, the processing time to go from L-1A visa to Green Card can be up to twelve months, while the L-1B to Green card can take upwards of 18 months, depending on when your priority date becomes current.
Can I apply for citizenship on L-1 visa?
You can easily change your L1A Visa to a Green Card by proving your intent to return to the U.S as a citizen. Here's what you need to change your L1A visa to a Green Card: Employment outside the U.S for at least 1 year. You need to be of a managerial or executive post with specialized skills.
How long does it take to go from L1A to green card?
Unlike the process for an L1B visa, which can take several years to complete, the time it takes to update your L1A to a green card is fairly short. In most cases, the green card process takes less than one year. The L1A visa is a great starting place if you or your family are interested in living in the United States.
Which is better L1A or H1B for green card?
On an H1B visa, the holder can stay for six years whereas an L1A visa holder is given 7 years and an L1B visa holder is given 5 years. There is an opportunity for an extension of stay on an H1B visa granting the holder an additional six years; however, there is no such extension for any L1 visa holder.
Which US visa is better?
US Visitor Visa (Business Visa USA and US Tourist Visa) You should consider a US visitor visa if you do not qualify for the Visa Waiver Program (ESTA), or if you want to stay in the U.S. for a longer period of time (up to 180 days) for restricted business or touristic purposes.
Can I move from h1 to L-1?
If you have an H1B visa and the scope of your employment changes while in the U.S., you may be eligible to convert your visa to an L1A visa, which offers additional benefits.
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 my family join me in the L-1 Visa applications?
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 the employee do other work?
Under the L1 visa, visa holders must exclusively work for the petitioning company.
Must the company already have a US office to be eligible for the L1?
No, it’s not necessarily a prerequisite. It’s possible to transfer a person holding an executive or managerial capacity role to the US for the inte...
Can I get the green card on a L1 visa?
Unfortunately, you can’t get a green card with an L1 visa. The L1 visa only allows you to work for your specific employer. To convert your L1 visa...
What type of L1 visa categories exist?
The L-1A visa is given to people holding a managerial position within the company, as well as individuals with an executive capacity in the foreign...
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 many L1 visas can you get?
There is no annual limit to the number of L1 visas that can be issued.
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.
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 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.
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.
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 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.
What is an I-907 form?
An I-907 form if you are using premium processing. Your employer must also demonstrate the ability to pay your wages. If the I-129 petition is approved, USCIS will send an I-797 Notice of Action to your employer. You will use the form as part of the documents to apply for a visa abroad.
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.
