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who is eligible for l1 visa

by Prof. Lew Skiles Published 3 years ago Updated 2 years ago
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To be eligible for the L1 Visa, the applicant must meet the following criteria:

  • Be employed in a country other than the United States for at least one year within the last three years.
  • Have specialized knowledge, or hold a managerial or executive position.
  • Have an offer of transfer to a managerial, executive or specialized knowledge position in the U.S. ...

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Under U.S.
U.S.
us is the Internet country code top-level domain (ccTLD) for the United States. It was established in early 1985. Registrants of . us domains must be U.S. citizens, residents, or organizations, or a foreign entity with a presence in the United States.
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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.

Full Answer

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. ...

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What are the requirements for L1 visa?

To qualify for an L-1 Blanket Petition, the company must:

  • have at least three offices, whether in the US or abroad;
  • have an office that has been doing business in the US for at least one year;
  • plus meet at least one of the following criteria: have filed at least ten successful L-1 petitions in the preceding twelve months; have minimum 1000 employees based in the US; ...

How long can I Stay with a L1 visa?

This depends on the type of L1 visa that you have. If you have an L1A visa, you are allowed to work in the US for a maximum of 7 years, while with an L1B visa, you can stay up to 5 years. When your maximum time is up, you can explore other options, which can also lead to a permanent stay in the US.

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.

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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.

How do I get a US L1 visa?

Documents Required for L1 VisaCurrent and old passports(if any)Recent passport size photograph.Filled in Form DS-160.Interview appointment letter (original and photocopy)Receipt number of I-129 petition along with a physical copy.Visa issuance fee demand draft.Work experience letters from previous employers.More items...

When can I apply for L1 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 type of visa is L1?

L-1-A visa is for managers and executives, who are either transferring to a U.S. office, or coming into the US for the purposes of setting up a U.S. office. L-1-B visa is for specialized employees, who have essential specialist skills or knowledge.

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.

How much does 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).

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.

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.

How long does l1 visa take?

between 6 to 12 monthsStandard L-1 visa processing usually takes between 6 to 12 months. This includes processing of the I-129 petition, which can take up to six months, and consulate processing which can be expected to take up to six months or longer.

What are the benefits of L1 visa?

L-1 Visa Benefits for Foreign WorkersRelatively Low Requirements. ... No Job Offer Required. ... No Annual Limits. ... Period of Stay. ... Educational Requirements. ... Spouses and Dependents Can Work. ... Dual Intent. ... Blanket Petition.More items...

Can your spouse work on L1 visa?

The spouse of the holder of an L-1 visa may typically work. However, the spouse must first apply for work authorization. Application for Employment Authorization can be filed via Form I-765. If the work authorization is granted, the spouse does not typically face any restrictions on his or her place of employment.

What documents are required for L1 visa?

L1 visa employee petition supporting documentsThe visa interview appointment letter.The DS-160 visa application confirmation page.Copy of Form DS-160 and L supplement.The DS-160 visa application fee receipt.A valid passport with at least six months left prior to its expiry.Any old passports held by you.More items...

How long does it take to get an L-1 visa for USA?

between 6 to 12 monthsStandard L-1 visa processing usually takes between 6 to 12 months. This includes processing of the I-129 petition, which can take up to six months, and consulate processing which can be expected to take up to six months or longer. If the employer is applying under a Blanket L, processing can be reduced to 1-3 weeks.

How long can you stay in the US on an L-1 visa?

5 to 7 yearsThe L1 visa allows foreign companies to transfer certain employees to work in the US. However, the L1 visa is a non-immigrant visa and is temporary. The total L1 visa duration is anywhere from 5 to 7 years depending on whether you apply for an L1A visa or L1B visa.

Does L-1 visa have lottery?

There is usually a lottery in April for available H1B visas to start in October in the same year.

How long is L-1 visa valid for?

L1B Validity Period. The L1A visa is granted for a period of 1 year for new, start-up companies and 3 years for existing companies. L1A employees may be granted L1A visa extensions of 2 year increments for up to 7 years.

How long do you have to be employed overseas to get an L1 visa?

To apply for an L1 visa, you must demonstrate that: You have been employed overseas by the transferring organization for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate.

What is an intra-company transferee visa?

The L1 intra-company transferee visa is available to employees of international companies who are being transferred to a parent, branch, affiliate or subsidiary in the U.S.

What is a qualifying relationship between a US company and a foreign company?

Both the foreign company and the U.S company must remain open, active and viable for the entire duration of your employment in the U.S. Failure to maintain required levels of operation results in the loss of L1 status.

Can a spouse of a L1 visa accept employment?

Spouses of L1 visa holders may accept employment in the U.S. by obtaining an Employment Authorization Document.

How many L1 visas can you get?

There is no annual limit to the number of L1 visas that can be issued.

What is an L1 visa?

The L1 visa is a dual-intent visa, meaning that you may have the intent to temporarily remain in the United States while simultaneously having the intent to possibly immigrate to the United States and become a lawful permanent resident in the future. iv. No Set Wage Requirements.

How long is a L1A visa valid?

The L1A visa for managers and executives is initially valid for a period of 3 years and can be extended for a total of 7 years.

How many hours a week do you have to work to get an L1?

The entire year of qualifying employment should be satisfied by the time the L1 application is filed. The employment must be full-time (at least 35 hours a week). There is 1 exception to the full-time requirement in certain circumstances where the L1 beneficiary worked for multiple affiliated companies. iii.

What do you need to work for a foreign company to get an L1 visa?

To qualify for an L1 visa, you must have worked for the foreign company in a managerial, executive, or specialized knowledge capacity.

How long do you have to be employed in the US to file a L1?

The employee coming to work in the US must have been continuously employed full-time by the foreign company for at least 1 year within the last 3 years before filing the L1 petition. The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity.

Where to apply for L1 visa?

If you are not doing a Change of Status, then you will likely be applying for your L1 visa at the Consulate of your home country.

What is an L1 visa?

The L1 visa, also known as intracompany transfer visa, is a temporary nonimmigrant visa that allows international companies with offices in the US and offices overseas to transfer certain qualified employees to their US office.

How many types of L1 visas are there?

There are two types of L1 visas:

How long is an L1A visa valid?

L1A visas are issued for up to 1 year for start-ups and 3 years for existing companies. The L-1A visa is valid for up to 7 years, with extension.

How long do you have to work abroad to be eligible for a 401(k)?

Employee must have worked in the same company abroad, for at least one continuous year prior to the transfer within the previous three years.

Can a spouse of a L1 visa work in the US?

Spouses of L1 visa holders (L2 visa holders) are allowed to work in the US without restriction.

Can a L1 visa be used for work?

L1 visas may be beneficial for the following reasons. L-1 visa holder may live and work legally in the US. L-1 visa holder may travel within and outside the US. Spouse and children under 21 years of age are eligible to accompany L-1 visa holder on L-2 visa.

How to apply for work authorization for L-1 spouse?

Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization with fee. If approved, there is no specific restriction as to where the L-2 spouse may work.

What is L-1A nonimmigrant?

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 that does not yet have an affiliated U.S. office to send an executive or manager to the United States with ...

How long do you have to work abroad to qualify for a job?

To qualify, the named employee must also: Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her 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 ...

Can an L-1 be an employer?

Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

Where to apply for L2 visa?

To apply for an L2 visa for spouse and children of L1 visa holders, the visa applicants must submit an application at the US Consulate or Embassy in their country together with the L2 visa required documents.

What is the last step to take for L2 visa?

The last step is to attend the L2 visa interview, where you will be asked a series of question regarding your personal life, including your relationship with the L1 visa holder, and other general and personal questions.

How to get an EAD card for a spouse?

In order to obtain the EAD, the spouse must file an application for work authorization with the USCIS and submit the required documents with the application. If the L2 visa spouse does not have a social security number (SSN) at the time he or she files for the EAD card, then the spouse can request a SSN in the application for the EAD.

How long does it take to get a visa interview?

The applicant must complete the form and fill in all the required information. Please keep in mind it takes approximately 2 hours to complete the form and after you submit it, you receive a confirmation page that you must print and keep for your record to book the visa interview.

How long is an L2 visa?

In addition, the L2 visa duration for the initial period of stay depends on the whether the principal L1 visa employee is coming to the United States to establish a new office or to join a pre-existing US office. In the case of establishing a new US office, the initial L2 visa duration is 1 year and for joining a pre-exiting office the initial L2 visa duration is 3 years with the option to extents until the maximum period allowed discussed above.

How long does it take for USCIS to approve an EAD?

Take into account that on average it takes about 3 months for USCIS to approve and issue the EAD, but the processing time varies based on workload and it can take less time (aprox. 1 month) or more time (aprox. 5 months).

Can a L1 visa holder have a spouse?

The L2 visa has many benefits for the spouse and children of L1 visa holder, including: Spouse and children can live in the USA. Spouse can work unrestrictedly in the USA – after spouse receives the EAD card, spouse can work full-time, part-time, be self-employed or a combination thereof. Children can attend public and private schools in ...

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Establishing New Offices

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Foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office must show: 1. They have a physical location for the new office; 2. The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and …
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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…
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to Qualify, You Must

  1. 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
  2. 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.
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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…
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