L1B Visa & Status U S Immigration Law

If a fee is prescribed the Reciprocity Schedule, you must collect the reciprocity fee for each re-issuance of the L visa. For the beneficiary of an individual L petition, the petitioner must request an extension of the applicant’s stay in the United States on Form I-129. The effective dates of the petition extension and the beneficiary’s extension of stay, if authorized, must be the same.
For example, a person who worked as a manager overseas is now transferring to the United States office to work as a professional with specialized knowledge. It is not enough for the transferring organization to meet the requirements of U.S. immigration law – the employee must also meet the eligibility qualifications for this type of visa. The worker must possess special or advanced knowledge of the company’s “product, service, research, equipment, techniques, management,” or other aspects of the company’s operations. Whether the employee holds a professional or non-professional position, his or her services to the company must be an integral component of the company’s operations in the U.S. L-1A visa holders can file for employment based category green cards, avoiding the filing Perm labor certification, as required for the L-1B visa. The theory is L-1A visa holders cannot be substituted by U.S. workers.
The entire L-1 Visa process may take from six months to a year. The length of processing time largely depends on the embassy or consulate of the applicant’s home country. If you are Canadian, you can apply for and obtain an L Visa at a US Port of Entry on the same day you apply. The employer is currently, 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 Visa.
Usually, the employee may come to the U.S. one week after Form I-129S is filed. Have an office in the U.S. that has been doing business for one or more years. Have worked for the employer abroad for one continuous year within the past three years.
After the interview, you will have to wait for the processing time and if you are approved, send your passport in for stamping. Besides these two differences in the application process, all other steps remain the same for all L1 visa applicants, whether they have an individual or blanket petition. The blanket petition is valid for 3 years, and can be extended as many times as the employer needs. However, if the petition expires, then the employer cannot file a new blanket petition for another 3 years, but is allowed to file individual petitions.
Employees with specialized knowledge may include engineers, teachers, lawyers, an executive or manager. To qualify as doing l1a visa , the employer must perform regular, systematic, and continuous provision of the business’s service. Doing business does not include simply being present as an agent or office either in the U.S. or abroad.
After obtaining a USA – L-1 Visa, you can pursue permanent residence in the United States of America. Like many other work visas, the USA – L-1 Visa has also got its drawbacks. Advantages of USA – L-1 Visa, however, weigh more than disadvantages. You may be required to make a duplicate copy of the form and submit it separately. Executive capacitygenerally refers to the employee’s ability to make decisions of wide latitude without much oversight.
L-1 visa status may be approved for an initial period of up to three years, and can be extended for up to a maximum of seven years for an L-1A or five years for an L-1B . In addition, multinational companies that are in the process of launching a new office in the United States may petition to transfer a managerial or executive employee to the United States for an initial period of one year. L-1 status may be extended for an additional two-year period at the end of the first year term. Once the maximum L-1 period of stay in the U.S. has been reached, the transferee must remain physically outside of the U.S. for a full year before he or she is eligible to return to the U.S. in L -1 (or H-1B) status.