L-1A and L-1B visas are available for temporary intracompany transferees who work in managerial positions or have specialized knowledge. 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.
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 ...
How to get us L1 visa?
What is the first step in getting the L-1A Visa?
- Hiring immigration lawyers to get the L-1A Visa. ...
- Everything started with the first interview .... ...
- My first impression about the American lawyer. ...
- Changing the process to the new lawyers. ...
- My concern about the new lawyer costs. ...
- The petition for non-immigrant workers ... ...
- After the petition .... ...
- The interview in the consulate. ...
Can L1 visa be applied any time?
Generally, the average L1 visa application time can be between six months to a year, depending on the consulate or embassy the application is filed at and the quality and circumstances of the application. This is usually no difference in the processing times between the L1A and L1B classifications.
What is the criteria for L1 visa?
To qualify for an L1 visa the employee, which can include business owners, must have worked for a subsidiary, parent, affiliate or branch office of the US company outside of the US for at least one year out of the last three years. One of the benefits of the L1 visa is that there is no quota.
How fast can you 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.
Can I apply for L1 visa while in USA?
Can I apply for an L1 Visa while in the USA? Yes, but it's important to consult with an attorney to be sure to minimize the risk of unlawful presence.
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.
Is it difficult to get L-1 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.
Which visa is better L1A or L1B?
If you're a manager, executive, or business owner, an L1A visa can grant you a stay for as long as 7 years. If you're an employee with specialized skills and knowledge, an L1B visa grants you a stay for as long as 5 years.
How much does an L1A 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 L1 visa lead to green card?
The L1 visa is a non-immigrant visa and so it is temporary and does not directly lead to a green card. In order to go from an L1 visa to a green card, you must apply for and get approved for an immigrant visa classification.
What happens if L-1 visa is rejected?
Fortunately, if your L-1 visa is rejected, you are able to reapply 3 days after the previous rejection. You don't see applicants doing this often because it's not common that your circumstances change that quickly but it's good to know you don't have to wait 6 months or longer.
Can you get L-1 after H1B?
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.
Does L-1 visa require sponsorship?
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.
Who can sponsor L-1 visa?
Corporations, partnerships, government-owned entities and non-profit organizations are all eligible to sponsor an L-1 visa. The organization must be 'doing business' in the United States, meaning more than simply the presence of an agent or representative in the United States.
Do you need a degree for an L-1 visa?
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.
Which visa is better L1A or L1B?
If you're a manager, executive, or business owner, an L1A visa can grant you a stay for as long as 7 years. If you're an employee with specialized skills and knowledge, an L1B visa grants you a stay for as long as 5 years.
How long can you stay on L-1 visa?
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.
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 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 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 managerial capacity?
Managerial capacity generally refers to your ability to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to your ability to manage an essential function of the organization at a high level, without direct supervision of others. (See section 101 (a) (44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2 (l) (1) (ii) for complete definitions.)
What is specialized knowledge?
Specialized knowledge either means knowledge you have about the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. (See 8 CFR 214.2 (l) (1) (ii) (D).)
What is executive capacity?
Executive capacity generally refers to your ability to make a wide range of decisions without much oversight. Managerial capacity generally refers to your ability to supervise ...
How long does an executive have to be employed before filing a petition?
They have a physical location for the new office; The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and. The new office will support an executive or managerial position within one year of the approval of the petition.
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 to do after completing DS-160?
After completing your DS-160, you must print and keep the application form confirmation page, which you will later bring along to your interview. You will also need to schedule a visa interview appointment. Also, you will need to upload your photo as part of the DS-160 filing requirements.
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.
What is the eligibility of an employee?
The eligibility of the applicant employee is solely based on an assessment of the application and evidence by the USCIS officers looking at the application. Critical to any assessment of eligibility will be evidencing why the employee should be employed in the US and not a US-resident worker. The employer must meet a high bar in proving the specialist and relevant nature of the applicant’s professional experience, knowledge or skillset.
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
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 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 happens if an adjudicator is unable to make a decision based on the information and supporting?
In the event the adjudicator is unable to make a decision based on the information and supporting evidence provided, they may pause the premium processing and request further information on the application.
How much does ACWIA cost?
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.
What determines the processing time of a consular application?
It is the caseload of the consular post that will largely determine the processing time, as well as the quality of the submission and supporting documents.
What Are Other L-1 Visa Fees?
First, you will have to file Form I-129 with USCIS. After it has been approved, you can apply for the L-1 visa. The filing fee is $460, which is paid by the U.S company and must be submitted with Form I-129.
How long does it take to get a L-1 premium?
Processing an L-1 visa under premium processing takes at most 15 days, and the applicant is required to pay a fee of $1,440. The fee for the normal L-1 visa application is $460.
How much does an I-539 cost?
If you have dependents that are applying for the extension of L-2 visa status or want a change of status to L-2 visa status through USCIS, then you will also have to file Form I-539 whose charges are $370.
What is Immi USA?
At Immi-USA, our attorneys will handle your case with complete privacy and confidentiality. We’ve helped many clients deal with revoked visas, visa extensions, and related applications. To get in touch with one of our expert attorneys, simply complete the contact form here so that we can schedule a consultation for you.
How to apply for an L-I visa?
Once Form I-129 has been approved, you will be required to apply for L-I visa status at the U.S embassy or consulate of your home country . You will also have to file for Form DS-160 at the Department of State and pay $190. The L-1 worker pays this fee. If you intend to change your status from non-immigrant status, you won’t have to pay this fee because you won’t be applying for the L-1 visa. Also, if you are a Canadian citizen, you won’t have to pay this fee because you will apply for an L-1 visa at the Port of Entry.
Why do foreign companies need copies of bank statements?
The foreign company’s copies of bank statements to prove that the size of the foreign entity is capable of commencing business in the U.S. and remunerating the beneficiary.
How many jobs are required for L-1A visa?
There is less pressure to create employment under the L-1A visa when compared to the EB-5 that requires the creation of at least 10 jobs.
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 to do after change of status?
Once your change of status is approved, or your visa is issued, the next step is to start your employment with the US company.
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.
What happens if I get approved for I-129?
Once the I-129 is approved, you are granted L1 status.
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.
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Can a nonimmigrant change status?
Certain nonimmigrant classifications are ineligible for a change of status such as the ESTA and the K1 visa.
How long can an L1B visa be renewed?
The L1A visa, for employees transferring to the U.S. in a managerial or executive capacity, can be renewed for a maximum period of up to seven years. The L1B visa, for those with specialized knowledge, can only be extended for a period of up to five years.
What is the EB2 category?
To gain permanent residency with L1B status, where you are working in a non-management role as a “specialized knowledge” worker, eligible applicants will usually apply under the EB2 category (advanced degree) or the EB2 category (skilled or professional worker).
How long does an L1 visa last?
If you have been granted an L1 visa to open a new office in the United States, your visa will initially last for just one year. Where you are an employee transferring to a U.S. affiliated office, your L1 visa will be granted for a period of three years.
What is the difference between L-1A and L-1B?
The L-1A visa is available only to employees operating in a managerial or executive role, while the L-1B visa is for those with specialized knowledge about the products, procedures or management within their organisation.
What is an intra company transfer?
The Intra-Company Transfer, or L-1 visa, is a non-immigrant work visa for a qualifying employee of a multinational company to be temporarily transferred to a parent, branch, affiliate or subsidiary of the same company in the United States.
How long does it take to get a green card?
You will then need to wait for your priority date to become current, which for EB2 categories can take anywhere from a few months to a number of years. It can take between 8 and 15 months for the I-485 form to be processed, with a further wait of around 6 months for your Green Card to be issued to you.
What is the process of changing from L1 to green card?
The process of changing status from L1 visa to Green Card, is known as an adjustment of status, whereby you are applying for lawful permanent resident status while already present in the United States.
How long does an L-1 blanket last?
Initial L-1 Blanket status is approved for three years, but renewals can be made indefinitely if the company continues to qualify
What is specialized knowledge?
Specialized Knowledge. The regulations define this as specialized knowledge possessed by a worker of the employer’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of the organization’s processes and procedures.
How long do you have to work to be a manager?
The worker must have worked for at least one year outside of the United States out of the three previous years preceding application for admission as a manager, executive, or especially knowledgeable employee at the company.
What is the definition of a policy?
Establishes the goals and policies of the organization, component, or function;
What does "managed" mean in business?
Manages the organization, or a department, subdivision, function, or component of the organization;
Can a L-1 transferee work in the US?
The L-1 transferee must be working in the same capacity in the United States as they were working in the foreign country . A foreign national under this classification can pursue permanent residence while under this status.
Do you need a bachelor's degree to get an L-1 visa?
The L-1 Visa category doesn’t require the worker to have a bachelor’s degree or its equivalent, unlike the H-1B visa. Unlike the H-1B category there is no quota for the L-1 visa. An individual in L-1 status can work legally in the United States for the L-1 sponsor for up to three years on the first visa (one year if it’s a new office).
What is an L1 visa?
An L1 Visa is also regarded as an intra-company transfer visa for the US. It makes possible for a US company to transfer the main worker from one of its offices that located in a foreign country to its US branch. The L1 visa is divided into the following two categories:
How long does it take to get a response from L1 visa?
A blanket petition is processed in less time than an individual one. Apart from that, an option of getting premium processing is available for the employer by paying an extra fee. It will expedite the L1 A visa processing time, and a response will be given within 1 to 3 weeks.
What is the difference between L1 and L2?
The L1 visa and L2 Visa allow their holders to live in the USA for a certain period of time. The former is for an individual blessed with high skills and extensive knowledge while the latter is for their dependents.
How long does it take to get a L2 visa?
Generally, the L2 visa processing time is between 15 days and 1 month, but it may take more time.
Does a petitioning employer have to have an office in the USA?
In simple words, the person is actively and continuously providing goods and services. Only having an office is not enough .
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…