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.
Can someone with L1 visa, get a 2nd job?
Yes, of course you can change your employer, but you will need a new work visa. Your L1A visa is tied to your current employer and not portable. If your current employer will eventually sponsor your employment-based green card, your best course of action might be to wait that out where you are.
Are L2 visa holders allowed to work?
With an L-2 visa, you can get a degree and study in the U.S, but the most beneficial activity is that you are allowed to work. Children of L-1 visa holders do not qualify to work, but spouses do. To be eligible to work with this type of visa, you must get an Employment Authorization Document (EAD).
What is L1 visa means?
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.
What is L2 visa type?
An L2 visa is a non-immigrant temporary visa that lets you enter the U.S. with your spouse or relative. With this visa, dependents of the primary applicant become eligible to enter and stay in the country. Read on to learn more about the USA L2 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.
Can a person with L2 visa work in USA?
As part of a settlement agreement with spouse-dependent visa holders, USCIS announced that L-2 spouses would be authorized to work as a matter of status, upon entry to the U.S.
Can my wife work on L2 visa?
Once an EAD is approved L2 spouses can work in any job role in the US, including self-employment. However, employment authorisation could take months. L2 EADs are valid for 2 years, and can be renewed indefinitely as long as the applicant retains their valid L2 visa status.
How long is L1 visa valid?
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.
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?
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
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.
Can L-2 visa apply for green card?
L2 Visa to Green Card L2 visa holders are dependent on the primary L1 visa holder. They may be included in the process for adjustment of status (also known as applying for a Green Card). Make sure your L2 visa is valid when you apply for a Green Card to prevent the necessity for advance parole.
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.
Is it easy to get job on L-2 visa?
Yes sure. As you have L2 vise,you need to apply for EAD( Employment Authorization Document) also known as work permit. It provides temporary employment authorization to non citizen in US which can be obtained within 90 days of application and you can work there like citizen.
What is an L-2 visa work permit?
Working on L2 Visa Spouses of L1 visa holders on L2 visa status are eligible to apply for an Employment Authorization Document (EAD), or L2 visa work permit, and work in the United States. An approved EAD is required for an L2 visa holder to work in the US.
Is an L-2 visa holder a permanent resident?
An L-2 visa is a visa document used to enter the United States by the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L-1 visa.
Who will get L-2 visa?
What is L2 Visa? The Visa document that is needed by the spouse of the dependent to enter the United States of America is known as the L2 Visa. With the help of this particular Visa document, unmarried children of the qualified L1 Visa owners, who are below the age of 21 years, can enter the United States of America.
Who can apply for L-2 visa?
L2 visa application may be submitted with the spouse's L1 visa application if all family members are applying simultaneously. L2 visa holders can stay in the US for maximum 7 years if spouse has L1A visa, or maximum 5 years if spouse has L1B visa.
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.
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.
What is an L-1?
L-1 is a nonimmigrant classification whereby intracompany transferrees can work in the United States. L-2 is for dependents. In international company, say IBM or Starbucks, can transfer a foreign executive to an office in the United States.
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 spouse be accompanied by a child on a L-2 visa?
The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.
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 nonimmigrant visa category is for intracompany transferees. A qualifying organization (for L1 purposes) may petition to transfer an employee from overseas to a parent, branch, subsidiary, or affiliate in the United States. There are two categories for beneficiaries. L1A visas are for persons who will work in a managerial or executive capacity and L1B visas are for those who will work in a capacity that involves “specialized” knowledge. In addition, certain relatives of L1 visa beneficiaries may be eligible for derivative L2 visas. This article will provide an overview of general requirements for L1 and L2 petitions. To learn more about the requirements particular to L1A visas, please follow this link. To learn more about the requirements particular to L1B visas, please follow this link.
What is a qualifying organization for L1 visa?
Regulations found in 8 C.F.R. § 214.2 (l) (G) define a “qualifying organization” for purpose of acting as an L1 visa petitioner. The regulations explain that a qualifying organization is a United States or foreign firm, corporation, or other legal entity which: 1.
How long can an L1 visa be approved?
An L1A or L1B visa may approved initially for 3 years. 25 Consular officers may limit the validity of an L1 visa to less than the period of validity of the approved petition or authorized period of stay [9 FAM 41.54 N20.2]. However, an initial limitation on the period of validity of L-1 status does not preclude the reapproval of L1 status. In the case that the petitioner is a “new office” (defined as having done business in the United States for less than 1 year), the initial L1 approval may not be in excess of 1 year [9 FAM 41.54 N11.1]. If USCIS is satisfied that the new office is doing business in the United States and the beneficiary is still qualified, the petition may be reapproved in 2-year increments.
How long can you serve on an L1A visa?
An L1A visa beneficiary who is serving in a managerial or executive capacity shall not be authorized for admission in excess of 7 years on L1 status [INA § 214 (c) (2) (D) (i)]. An L1B visa beneficiary who is serving in a capacity that involves specialized knowledge shall not be authorized for admission in excess of 5 years on L1 status [INA § 214 (c) (2) (D) (ii)]. Time spent outside of the United States may be recaptured and added to the 5 or 7 year period of authorized stay. 26
What is the INA section for L1?
Sections 101 (a) (15) (L) and 214 (c) (2) of the Immigration and Nationality Act (INA) list the general statutory requirements for eligibility for an L1 (both L1A and L1B) and L2 visa.
Is a nonimmigrant visa a L1?
Despite L visas being nonimmigrant visas, the presumption of immigrant intent found in INA § 214 (b) is inapplicable to beneficiaries of L visa petitions. 5 An L1 petition is approvable even if the intended beneficiary has a pending application for lawful permanent resident (LPR) status. 6
Can an L1 beneficiary travel without a grant of advance parole?
An L1 beneficiary with a pending adjustment of status application may travel without a grant of advance parole and not jeopardize the adjustment of status petition if he or she demonstrates that upon return, employment with the petitioning L1 employer will continue, and that he or she is still in possession of a valid L1 visa. 30 L2 dependents with pending adjustment of status applications may also travel without a grant of advance parole if the same conditions [still in L1 status with a valid L1 visa] for the L1 principal exist. 31 An L1 who reenters on advance parole and still has a valid L1 petition may apply for an extension of stay, and if approved, will have parole terminated and be admitted on L1 status. 32 Furthermore, if an L1 reenters as a parolee and resumes L-1 employment as a parolee, he or she will not be considered to have engaged in unauthorized employment. 33
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 is an L1A visa good for?
L1A visas for executives and managers are initially granted for 3 years (if transferring the employee to an existing US office) or 1 year if the US office has been established for less than one yeare extendable in 2 year increments to a maximum of 7 years.
How old do you have to be to get a L2 visa?
L2 spouses must be legally married to the L1 visa holder, and L2 children must be unmarried and under the age of 21.
How long are L2 EADs valid?
L2 EADs are valid for 2 years, and can be renewed indefinitely as long as the applicant retains their valid L2 visa status.
Can L2 spouses work in the US?
L2 spouses. L2 spouses can apply for a US work visa by applying for an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization with United States Citizenship and Immigration Services (USCIS). Once an EAD is approved L2 spouses can work in any job role in the US, including self-employment.
Can a L1 parent get an L2 visa?
Unfortunately the rules on L2 family members are very strict, Only legally married spouses and unmarried children under the age of 21 of the principal L1 applicant can gain L2 visa status.
Can a L1 visa holder travel to the US?
Parents, grandparents, and other family members of the prinicipal L1 visa holder cannot enter the US on an L2 visa, but may be able to visit on a B2 visitor visa.
Can L2 children work in the US?
Unfortunately L2 children cannot work in the US.
How to apply for the L-2 visa?
The L-2 visa application is quite straightforward, and follows similar patterns to all other dependent visas such as the H-4 visa. It is recommended that dependents apply for their visa at the same time as the L-1 visa applicant, since it is much easier to prove their relationship. To apply for the L-2 visa, you must follow these steps.
What is the form for L-1 visa?
The L-1 visa holder’s copies of Form I-129 (Form I-129S for L blanket petitions) and Form I-797
How long is the L-2 visa valid?
So, as an L-2 dependent, your visa is valid for as long as the L-1 visa holder (your spouse or parents) is valid. If the L-1 visa is extended, then the L-2 dependent is also eligible for extensions. You can file for extensions by submitting Form I-539, Application to Extend or Change Nonimmigrant Status to USCIS for this purpose. Most often, if the L-1 visa has been extended, the L-2 visa will also be extended.
Can I go from an L-2 visa to Green Card?
Since you are bound directly to the L-1 visa holder, if this person applies for a Green Card, then you too are eligible to apply. Since the L visas are dual intent visas, you are not required to submit proof of intent to return home or prove strong ties to your home country.
Why is my L-2 visa rejected?
Most L-2 visa applications are not rejected; however, valid L-2 visa rejection reasons include the official of the U.S Embassy believing that you are going to the U.S to support your spouse who is already there, maybe under false employment contracts. So state the facts and try to give as much detail as possible.
How long does it take to get a L-2 visa?
After you submit your documents and go through all the application steps, you will have to wait for your visa to be processed. L-2 visas take from 15 days to 1 month to be processed; however, depending on the Embassy’s workload and other factors, it might take longer.
What is the last step in the application process for a L-2 visa?
The visa interview is the last step in the application process for the L-2 visa. You will need to show up at the U.S Embassy where you made the appointment, on time and with your documents. The L-2 visa interview questions will include questions regarding any previous stay or visit to the U.S, your relationship to the L-1 visa holder, and your intentions or purpose of going to the U.S.
What is the advantage of L-2?
A significant advantage of L-2 status is the ability to work by obtaining employment authorization documents (EAD). The L-2 visa process for an EAD card involves filing the appropriate documents with USCIS. From there, after obtaining your EAD card you’ll need to go to the Social Security Office to get your SSN.
What If My Case L-2 Is Pending After the Interview?
This is generally referred to as “pending for administrative processing.” In this case, you may be required to provide additional information. If your case is subject to administrative processing after the interview, you will be told what to do. And if additional information is requested, be sure to provide the required items before the deadline given to you.
How long does it take to get a visa?
The embassy will need to hold on to your passport after the interview and you will be told when you will receive the passport containing the valid L-2 visa, which you will use to travel to the United States. The wait time between your interview and when you will receive your visa is usually within 10 business days. Once you receive your visa, you can begin plans to travel to the U.S.
Can a spouse apply for an L-2 visa?
Just like many other dependent visa categories, the L-2 visa has a straightforward application process. It’s often best that spouses and children, L-2 beneficiaries, process their visas at the same time as the L-1 applica nt. The process will likely be easier as there will be fewer hurdles in proving that a genuine family relationship exists between you. The following are steps to applying for an L-2 visa:
Can I change my L-2 visa to H-4?
L-2 visa holders can change their status to B-1, B-2, H-1 or H-4, assuming they meet the eligibility requirements for each. In order to request a change of status or extension of stay under L-2 status, while in the U.S., the relatives may apply together on Form I-539 Application to change or extend nonimmigrant status.
Do L-1 spouses have payslips?
Some copies of L-1 spouse’s salary payslips (if he or she is already working in the U.S.)
Can a L-1 worker be a dependent?
In most cases, an L-2 visa is granted if the L-1 worker and his/her dependents meet the requirements. Based on USCIS regulations, the parents of L-1 holders are not considered dependents (for L-2 dependent visas) even if the L-1 holder is their primary caretaker.
What is an L2 visa?
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. We’ll take a look at these in more detail below.
How long is an L2 visa valid?
As mentioned before, the validity of an L2 visa is dependent on the validity of the L1 visa to which it is connected. The L2 visa is valid for as long as the L1 visa is valid. The dependents of an L1-A visa holder may stay in the U.S. for 7 years. Dependents of an L1- B visa holder may stay in the U.S. for 5 years. Your L2 visa will expire as soon as the L1 visa expires.
What is a dependent visa?
Truly dependent visas are given to people who are dependent on someone in line for a U.S. visa. This includes a spouse or children who are under the age of 21 (and still dependent on the primary visa holder).
What is visa stamping?
Visa stamping is where the visa is endorsed in your passport.
How long does it take to get out of status after a visa extension?
Don’t worry, you won’t go out of status as long as the decision to extend your visa is still pending with the USCIS or until 240 days have passed.
How long does it take to get a L2 visa?
You can apply for a personal loan to help you out even if you are a visa holder. The processing time for an L2 visa can take up to 30 daysorand even longer.
Can a parent with an L1 visa be an L2 dependent?
L2 Ineligible Dependents. Parents of an L1 visa holder are unfortunately not eligible for an L2 visa. Even if you as the L1 visa holder are the primary caretaker of your parents, it will still not qualify your parents to be eligible for an L2 visa.
What is the difference between L1 and L2 visas?
The US L1 visa is a type of temporary work permit for people who will work in a subsidiary of their company in the US or transferees. The people who have specialized knowledge or will work in managerial positions will receive an L1 visa. The applicants who want to be qualified for the L1 visa need to:
What is a US L2 visa?
The US L2 visa is issued to spouse and children under the age of 21 who have an L1 visa. Parents, grandparents, and other family members who hold an L1 visa cannot apply for an L2 visa. These people can only visit them in the United States with a B2 visitor visa. Read B visas (B1, B2, B1/B2) for foreign tourists to know more about US B visa requirements. L2 spouses must be legally married to L1 visa holders. Their children must also be unmarried and under the age of 21.
What questions are asked in the US L2 visa interview?
Participation in the interview is part of the pre-visa process. The USA L2 visa interview questions include questions regarding:
How can the US L2 visa be extended?
If the L1 visa is renewed, the holder of the L2 visa will be eligible to be extended. To renew the visa, I-539 must be submitted to the US Citizenship and Immigration Services or USCIS (Form I-539, Application to Extend or Change Nonimmigrant Status). If the extension is approved, the dependents of L1A visa holders can stay and work in the United States for up to 7 years. The spouse and children of L1B visa holders can also stay in this country for up to 5 years.
Can the L2 visa status be changed?
Since the terms of the L2 visa depend on the L1 visa, it is a bit difficult to change its status to other visas. To change the status of your visa, you can consider the following:
Can L2 visa holders apply for a Green Card?
As mentioned earlier, the terms of the L2 visa depend on the terms of the L1 visa. Therefore, if the L1 visa holder applies for a Green Card, you as a dependent of the L-1 visa holder will be eligible to apply for it. L visas are dual intent. This means to apply for them; you do not have to prove that you intend to return to your home country.
What is L2 EAD visa in USA?
The EAD or Employment Authorization Document is the authorization that the spouses who hold an L 2 visa must receive to work for an employer in the US.
Introduction
Statutory and Regulatory Requirements For Beneficiaries
- Sections 101(a)(15)(L) and 214(c)(2) of the Immigration and Nationality Act (INA) list the general statutory requirements for eligibility for an L1 (both L1A and L1B) and L2 visa. In order to be eligible for an L1 visa, an alien must: have been employed continuously by the petitioning entity (firm, corporation or other legal entity or an affiliate or subsidiary thereof) continuously for one y…
Statutory and Regulatory Requirements For Petitioners
- Regulations found in 8 C.F.R. § 214.2(l)(G) define a “qualifying organization” for purpose of acting as an L1 visa petitioner. The regulations explain that a qualifying organization is a United States or foreign firm, corporation, or other legal entity which: 1. Meets exactly one of the qualifying relationships as a parent, branch, affiliate or subsidiary; 2. Is or will be doing business (engagin…
Application Process
- The petitioner must file a Form I-129, Petition for Nonimmigrant worker, on behalf of the intended beneficiary. When a petitioner is filing a Form I-129 for an employee for whom it has not filed a petition for before, the petitioner must submit a $500 fraud prevention and detection fee.19 Petitioners that have 50 or more employees with over 50% of the employees being L1s or H1Bs …
Approval and Change Or Adjustment of Status
- An L1A or L1B visa may approved initially for 3 years.25Consular officers may limit the validity of an L1 visa to less than the period of validity of the approved petition or authorized period of stay [9 FAM 41.54 N20.2]. However, an initial limitation on the period of validity of L-1 status does not preclude the reapproval of L1 status. In the case that the petitioner is a “new office” (defined as …
Conclusion
- This article explains general requirements that apply to both L1 beneficiaries and petitioners, information about the application process, and information about the length of stay and adjustment and change of status for L1 and L2 beneficiaries. Assuming that all of these requirements are met, the next step is to determine whether the intended relationship between t…
Resources and Materials
- Kurzban, Ira J. Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool. 14th ed. Washington D.C.: ALIA Publications, 2014. 997-1001, 1005-1008, Print. Treatises & Primers.
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…