In addition, the individual in L-1A status becomes eligible for the first employment-based immigration preference. This is arguably one of the most vital sections of an L1 visa business plan. Partly because it is briefly touched upon or omitted in many other types of business plans, this is the opportunity to really back up the visa petition. Although this is concisely summarized in the executive summary, this is where greater detail is added should the adjudicating authority want to dig deeper. Feedback from USCIS has also highlighted the need to see how the petitioner would spend their day, week, and year.
We provide L-1 Visa DIY Package and various L-1 visa application or L-1 visa extensionresources, and share the best practices and questions/answers to help your L-1 visa application process. If l1b visa of status or extension of stay has been granted, then you are not required to travel outside the U.S. and apply for an L-1 visa in order to “activate” your L-1 approval. There are several types of L1 Visas that can be utilized to transfer employees from abroad to the United States.
Yes, your spouse and minor children may travel with you to the United States if you have a valid L-1 visa. However, they must apply for an L-2 visa for dependents to legally accompany you to America. L2 spouses are also eligible to apply for an Employment Authorization Document . An approved EAD card allows the dependent spouse to seek employment during their time in the US.
Different types ofqualifying organizationsmay also be permitted. Typically, the 3-year period means the 3 years immediately before the date that the L1B visa petition was filed. The processing time for L1B to green card varies significantly because the waiting time for an immigrant visa number has huge difference. For example, applicants born in India have to wait more than 10 years while those who born in Germany only wait about 1 year even no waiting time at all. Whatsoever, it is always advisable to consult a skilled immigration lawyer before taking any action. Whether the L1 visa applicant for an intracompany transfer is an executive, manager, or professional with specialized knowledge, they will need to meet several qualifications.
How the L1B visa worker controlled and supervised the work of other professional, supervisory, or managerial employees OR managed an essential function, department, or subdivision of the entity. The L1B visa petition requires the person to have at least 1 year of continuous full-time employment overseas with a qualified organization within the 3-year period immediately prior to filing the L1B visa petition. The 1-year employment overseas must be a full-time job and there cannot be any breaks in employment during that 1-year period. The lease agreement for the U.S. office space should be for at least 1 year.
L-1A can be extended for a maximum of seven years, and the L-1B can be extended for a maximum of five years including the initial period. Generally, if you are a strong candidate for the O-1 visa, the O-1 allows you more flexibility and a number of additional benefits. However, the L-1 is a better option for individuals who want work authorization for their spouses. Unlike the H1B visa, there are no annual limits/caps on the number of L1A visas available. While a very low wage can be problematic, there is no prevailing wage requirement for L1A visas .
Particularly, the time and money it will cost you may be significant. To avoid delays and ensure a smooth path to your visa, we encourage you to consult with us. The difference of the H1B visa compared to the L1 visa in the maximum duration of stay may be of note for you.
Depending on your own unique circumstances, it might be worth considering to study also the H1B visa. We have collated for you some of the differences between an L1 and an H1B visa. We discuss them in detail below so that you can decide which visa works best for your case. 4 Consular officer requests for reconsideration of the petition by the USCIS. Before the interview, you should also go through and study all of your documents thoroughly. However, activities considered work after entry to the United States with a visitor visa such as the visa waiver scheme is not allowed.