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.
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. ...
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. ...
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.
What is l1a individual?
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.
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.
Which is better l1a individual vs l1a blanket?
L1 Individual Visa is applicable to transfer a single individual. L1 visa petition can be applied for each individual separately. L1 Blanket Visa is applicable to transfer multiple employees together. An L1 blanket visa petition can be applied for multiple individuals at a time.
What is the purpose of L1 visa?
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.
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 it difficult to get L1 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.
Why are L-1 visas getting rejected?
Salary standards. Another major reason an l1 visa is denied is when the wages proposed for the visa applicant are significantly more or less than the standards for that industry in the US. Employers should carefully assess the prevailing wages based on industry and state-specific location.
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.
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.
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).
How many types of L-1 visas are there?
two typesThere are two types of L-1 procedures: Regular L-1 visas, which must be applied for and approved for each individual by the USCIS; and. Blanket L-1 visas, which are available to employers that meet certain criteria.
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 are the chances of getting L-1 visa?
The approval rate for L-1 visas has been on the decline (see graphic). In fiscal 2015 (12-month period ended September 30, 2015), as many as 33,454 L-1 visas were approved with a success rate of 84%. The approval rate declined to 72% in fiscal 2019 with only 29,335 approvals being granted.
When can you apply for L-1 visa?
The employer/company must file a Form I-129, L-1 Petition for a Nonimmigrant Worker, on behalf of the employee. It should be filed at least 45 days before the employees start date and cannot be filed more than six months before employment begins.
Can we apply for L-1 visa now?
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.
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.
What is L-1A visa?
L-1A Visas are for employees who come to the United States to work in a managerial capacity overseeing people or processes. These employees do not need to be currently employed as managers, but their job in the U.S. must be in a managerial capacity.
How long is an L1 visa valid?
Once approved, an individual’s L1 Visa status is valid for a three-year period . The L1 Visa can be renewed for two years at a time, up to a maximum of seven years for L-1A visa holders. L-1B Visa holders can renew their visas for a maximum of five years.
Can a L1 visa holder have a spouse?
The spouse and unmarried children of the L1 Visa holder are eligible for L-2 status. The L-2 status allows dependents to study in the U.S., and L-2 spouses can apply for separate work authorization.
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.
Where to file L1 petition?
L1 petition should be filed at the service center having jurisdiction where the alien will be employed or the location of the employer, as appropriate.
What is a petition for a visa?
A petition is the application process by which the USCIS determines that the employer and/or temporary work meets the basic qualification for a particular visa. Petitions cannot be filed with the embassy or consulate; they must be filed in the U.S. Either the U.S. employer or the foreign employer may file a petition with ...
What is a letter of employment?
A letter from the U.S. employer that:#N#Describes the proposed job duties to be performed (intended employment) in the U.S. and its qualifications#N#Describes applicant’s prior employment abroad, including, but not limited to, the dates of employment, job titles, specific job duties, number and types of employees supervised, qualifications for the job, level of authority, salary, and dates of time spent in the U.S. during the qualifying period; along with the documentary evidence#N#Includes evidence showing that the proposed employment is in an executive, managerial, or specialized knowledge capacity#N#Proves that entities are themselves meeting the guidelines of a qualifying organization. 1 Describes the proposed job duties to be performed (intended employment) in the U.S. and its qualifications 2 Describes applicant’s prior employment abroad, including, but not limited to, the dates of employment, job titles, specific job duties, number and types of employees supervised, qualifications for the job, level of authority, salary, and dates of time spent in the U.S. during the qualifying period; along with the documentary evidence 3 Includes evidence showing that the proposed employment is in an executive, managerial, or specialized knowledge capacity 4 Proves that entities are themselves meeting the guidelines of a qualifying organization.
Can you bundle L1B petitions?
If the same petitioner has identical positions for the same location and the same project, bundling of L1B petitions may be an option.
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 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 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 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.
Is L-1 visa easy to obtain?
Even though the L-1 can be relatively easy to obtain, those same advantages can be considered disadvantages if you are not already employed.
Can an L-1 be sent to a new office?
New Offices. Another equally important L-1 benefit is the fact that, if a multinational employer does not currently have an office or branch in the U.S., an L-1 holder can be sent in order to establish a new one. While there are. While there are different limitations attached to this process, it is extremely advantageous to be able ...
What is an L1 visa?
1. L1 visa a.k.a an emergency/special visa as people call, it is a system within a system to beat the mundane year long wait for a H1 visa. 2. I have known a few colleagues who had devised "made-up" tools that they were apparently subject matter experts in, and cleared the L1 visa interviews.
Where to apply for L1B visa?
Upon approval of the visa, the individual may apply for an L-1 visa stamp at a U.S. Consulate. (As Canadians entering the United States are not required to present an L visa stamp at the border, Canadian citizens may file the petition directly at an INS port of entry.)
What is a blanket visa?
L1 Blanket visa is issued for a company. After a company has obtained blanket L visa petition approval, individuals apply for L visa stamps at a United States Consulate abroad by presenting a signed I-129S petition and proof of qualifying employment. With a blanket visa it is not necessary to get USCIS approval for a particular individual, although the individual remains subject to immigration background checks.
How long do you have to stay on H1B to L1A?
For example, if you spend 2 years on L1A and found a new employer who sponsors H1B, upon approval of the visa you will have 4 more years left on H1B visa, before applying for 3 year extension. Same is the case if you change from H1B to L1.
How long can I stay in the US with a green card?
If the employer who filed your L1 visa is not willing to file Green Card for you, you will be out of options. The max duration on L1A visa is 7 years and L1B visa is 6 years. There will not be any extension granted. If your employer files on time, it will be easier to get the green card. On the other hand, if you are on H1B visa, max stay on the visa is 6 years, however you can go for another 3 year extension if your employer files for green card, whether the green card is approved or not. It is flexible on H1B visa because, if you realize that your employer does not sponsor green card, you can change the job in US and find the employer who can sponsor. Even though your spouse can’t work on H4 visa initially, he/she will be able to work once the employer files for green card. You need not wait for green card, just receipt I-140 is sufficient for spouse to work in US.
What is the difference between H1 and L1?
The difference between H1 and L1 was in the fact that the employee should have been with the employer for at least a year prior to the application being filed. The purpose of the visas were different - the H1B is to fulfill a labor gap in the US market, the L1 is for an intra-company transfer.
Which is better L1A or H1B?
From my personal experience, H1B is better than L1A or L1B visas, if you are one of the lucky person to get the H1B visa in lottery. My suggestion is to apply for H1B through petition, if selected go with it, if not then apply for L1A.
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 is an RFE in USCIS?
When the USCIS assess the application it will either be approved, rejected or in many cases they may send an RFE – a Request for Evidence. This will inevitably delay the application processing time.
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.
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.
Do L1 petitions have to be submitted?
Petitioning companies and their employees are now required to do more than ever to establish eligibility under the L-1 route and to try and minimize L-1 visa processing times. Failure to provide a comprehensive submission can give cause for the adjudicator to delay the application and request further information from the applicant, or to reject the petition outright.
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…