Unless you can prove that the employee has specialized knowledge that no other American employee possesses, US Citizenship and Immigration Services will reject a request for an L-1 visa. A foreign employer seeking to send an employee to the United States to establish or to be employed at a new office must show that the employer has secured sufficient physical premises to house the new office. The U.S. office should be in operation for a minimum of one year prior to application to minimize chances of denial. It’s possible to get a new office with under 1 year operation approved. However, the approval period for an L1 new office will be one year only and will need to be renewed. Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.
Employment-based green card applicants will be subject to… USCIS delayed in printing green cards, employment authorization… Restrictions on travel for foreign nationals “physically present”… Officials project roughly 200,000 employment-based green cards for… We provide representation and assistance in connection with L1B visa applications at U.S. consulates. Our attorneys consult with companies regarding L1B options for transfer of appropriate employees to the United States.
Try to avoid any incomplete facts; it’s best to respond to inquiries completely. Yes, the employer can request an extension only once, and your L-1B visa’s validity period will be extended for another two years. Because of l1b visa requirements , the maximum duration of this visa is five years.
If the L1B visa worker did not supervise other employees, then discuss how the L1B visa worker functioned at a senior level in the organizational hierarchy or the managed function. The L1B visa requires that the U.S. sponsoring employer must be or will be doing business as an employer in the United States and in at least 1 other country either directly or through a qualifying organization for the duration of the L1B visa. Both the U.S. company and the overseas company must be actively doing business by providing regular, systematic, and continuous goods or services. These changes are important for all L-1B employers and employees. They should be prepared to document compliance with the requirements explained below, both in connection with L-1B petition filings as well as with L-1B visa requests at the consulate.
If granted an L1 status, your spouse and children may enter the US under an L2 status. Under the L2 status, they can enjoy the same period of stay you enjoy. Note however that your children must be below 21 years old to qualify. For the L1 visa, you are initially allowed to say for up to three years. Afterward, you can apply for an extension, which they grant in increments of up to an additional two years.
If the PED on the L-1 visa expires before the I-129S expiration date, this could be because the employer’s Blanket L petition approved by USCIS expires before three years of L-1 status usually granted to L-1 visa applicants. Blanket L petitions are initially granted for a maximum of three years and many individuals apply for their L-1 visas when there is substantially less than three years left on the employer’s Blanket L petition. If there is such a discrepancy, the expiration date on the I-129S rather than the PED should determine when the L-1 visa expires. Unfortunately, the expiration dates on all of these documents often vary, causing confusion about when an employee’s L-1 status expires and when the L-1 visa must be renewed. Consulate may approve an L-1 visa applicant’s I-129S application for three years. The PED on the l-1 visa could be for less than three years if the employer’s Blanket L petition expires before that date.
Bridge provides tools or resources to use in your year-end immigration review and forecasting process. The L-1A visa category can also be utilized if a company does not yet have an office in the U.S., but wishes to send an Executive or Manager to the U.S. in order to establish an office. If you have an L1B work visa immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement. Receives only general supervision or direction from higher level executives, the board of directors or stockholders of the organization.
Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin. You would have to leave the country and remain abroad for a period of 12 months prior to applying for a CAP subject H-1B. Continuous employment with your company is defined as nonstop employment for the same company. This means that you cannot have worked for your company for 4 months in 2016, taken a few months break, and then worked another 8 months later in the year.
The burden to prove that specialized knowledge is held by the employee applying for L-1B visa status is on the company submitting the application. But, the company must only prove that the employee is more eligible than ineligible. L-1B visa holders might consider converting their L-1B visa into an L-1A visa. An L-1A visa is generally granted for executives and managers.
Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. The L-1B visa lawyers at the Gutierrez Law Firm are committed to the success of each of their business clients. To facilitate the spread of talent and expertise across the globe, they stand ready to help employers and employees with the L-1B visa application process. The L1 visa is for executives or employees with specialized skills of multinational companies who are being transferred from an office overseas to a US office. The visa may also be used by a manager or executive to open a new office in the US.