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 difference between L-1 and L-2 visa?
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.
What is meant by L-2 visa?
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.
What is L-1 L-2 US visa?
L2 Visa allows spouses and unmarried children of L1 visa holders to come to join them in the US. L2 Visa is a non-immigrant visa valid as long as the L1 visa holder's status is valid. Learn more about the L2 Visa. Get in touch on +1 844 290 6312 to receive assistance with your L2 Visa application.
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?
While L-1 visa holders are allowed to renew their status, the overall period of stay is a maximum of seven years for L-1A holders (L-1B holders can only stay for a maximum of five years. This is the three-year initial period plus every other added year in the extension request.
Who is eligible for L-2 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.
Can my wife work on L-2 visa?
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 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 apply for green card?
Can L2 visa holders apply for a Green Card? L-2 visa holders can also apply for a Green Card by being included in the primary L-1 visa holder's application to adjust status.
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?
The fee applicable for L-1 visa is as follows: Filing fee of $325. In case individuals require premium processing, then an additional fee of $1,225 will have to be paid. Detection and Fraud Prevention fee of $500. An additional fee of $2,250 may be applicable based on circumstances.
Can I get green card with L1 visa?
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.
Which is better L-1 or H-1B?
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.
When can we apply for L-1 visa?
The application must be filed at least 45 days before your start date and not more than 6 months before your employment begins.
What is the difference between H-1B and L-1 visa?
The main difference between the H1B and L1 visa is: You can apply for an H1B Visa if you will work for an American employer and American-based company. You can apply for an L1 Visa if you will work for a multinational company, in a lead or key position.
Does L-1 visa require degree?
There is no education requirement for the L1 visa. H1B applicants must have at least a US bachelor's degree or equivalent, and the role must be in a specialty occupation which requires the qualification. L1 is dual intent, meaning immigrants can apply for a Green Card while in the US on an L1 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.
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 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 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.
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 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 the L2 Visa?
Spouses and children of L1 Visa holders can come to the US with them on the L2 Visa. To be eligible for the L2 Visa spouses have to be legally married to individuals coming to the US on the L1 Visa and children have to be unmarried and younger than 21 years old. Other family members such as parents, siblings, or grandparents cannot apply for the L2 Visa.
What are the requirements for the L2 Visa?
The L2 Visa is designed for dependents of L1 visa holders. Only those who’s relative is currently in the US on the L1 permit are eligible for the L2 Visa. To be eligible for the L2 Visa one of the following statements must apply to you:
How to apply for the L2 Visa?
If you are a spouse or unmarried child under the age of 21 of an L1 visa holder and you want to apply for the L2 visa, you need to:
How long is the L2 Visa valid for?
If your application for the L2 Visa is successful, your visa will be valid as long as your relative’s L1 Visa lasts. That means that you can stay in the US as long as the L1 Visa holder has permission to be there. Once receive your L2 Visa, you will be able to leave and renter the US as many times as you want.
What questions will I be asked during the L2 Visa interview?
Nevertheless, you can expect to hear questions regarding your personal information, the type of your relationship with the L1 visa holder, the financial situation of you and your spouse, any previous trips to the US, any children you might have, the purpose of your visit to the US, or your education and qualifications.
What Can I Do With an L-2 Visa?
The L-2 visa allows visa holders to engage in a range of activities. You can pursue a degree in the United States, for example, and work.
How to apply for an L-2 visa?
To apply for the EAD as an L-2 visa holder, you need to submit form I-765, Application for Employment Authorization, to USCIS. Upon approval of your EAD, you can apply for any full-time or part-time jobs in any sector.
How long does an L-2 visa last?
The L-2 visa typically lasts as long as the L-1 visa is granted. Most L-1 visas are granted for an initial period of 3 years. If your spouse or parent is on an L-1A visa, then the visa can be extended twice for a two year period each, granting a total of up to 7 years in the United States. If your spouse or parent is on an L-1B visa, then ...
How long does it take to get a L-2 visa?
L-2 visas can take anywhere from 3 to 8 weeks to be processed. Generally, the visa will be processed in a similar length of time to the L-1 visa. Once your visa is approved, you can visit the United States with or after the L-1 visa holder, although you cannot visit the United States before the L-1 visa holder arrives.
What documents are needed for an L-2 visa?
Standard required documents for an L-2 visa include: A valid passport that expires more than 6 months beyond the expiry date of your visa. A single photograph that abides by all U.S. visa photo requirements.
How much does it cost to get a L-2 visa?
Step 2) Pay the L-2 Visa Application Fee: The L-2 visa comes with a mandatory application fee of $160 USD. You will need to pay this fee to move forward with the application process.
What is the form for a non-immigrant visa?
Step 1) Complete Form DS-160: This form is required for all non-immigrant visas to the United States. The form asks basic personal information about yourself, your education, your employment history, and your background. Upon completion of the form, you’ll be asked to pay a fee before a confirmation page is generated.
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.
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 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.
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 ye…
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 h…
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 knowledge employee to th…