The connection may be as a subsidiary, division, affiliate or branch. This relationship may be shown by the fact that both entities are controlled by the same person or group or by demonstrating that one company owns more than 50% of the other. An immigration attorney can expound upon and explain these requirements. In my work as an immigration attorney, I’ve handled a range of L1 visa immigration cases. Perhaps the most time sensitive visa applications are those relating to workers coming to the United States to perform duties on a temporary basis. In this article, I’m going to outline the requirements for the L1B visa, which is designed to bring individuals into the country who are known as Specialized Knowledge Workers.
By mandating a preliminary petition, Congress placed responsibility and authority with DHS to determine whether the requirements for L status, which are examined in the petition process, have been met. Luckily, similar to the H-1B visa, the L1 visa is also of dual intent. This means that L1 visa applicants do not necessarily have to prove that they will return to their home country once their contracts end. They don’t have to prove any ties to home, and they are allowed to apply for a Green Card.
All employers do not have branches in foreign countries , so an L1 visa may not be applicable in such cases. l1b vs l1a requires that the U.S based company be willing to sponsor the applicant. The L-1A classification is intended for employees who manage or direct and not for those who produce a company’s work product. This classification is available to Managers and Executives. A Manager must supervise other supervisory, professional, or managerial employees (i.e. direct the management) and may not be involved in nonmanagerial aspects of the business. However, a manager of an operation with nonprofessional employees may qualify as a manager as long as he or she does not have operational duties.
The spouse may apply directly to Social Security for issuance of a Social Security Number. The documents required for the L-2 Social Security number application are the same as the L-1 holder, but with the addition of either the EAD or an original marriage certificate. Be seeking to enter the United States to render services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. Dual intent means the intent is immigrant and non-immigrant. L1A visa holders start as non-immigrant and can later on, apply for a green card under the EB1-C category for a multinational managers or executives.
That’s because usually, embassies have very hectic and busy schedules. After scheduling an interview, you will most likely receive a visa interview appointment letter. Letters from previous employers, accompanied by the contact information of your supervisors.
You’ll then need to file for your green card under EB2 or EB3 status depending on your eligibility. A qualified immigration attorney can help you determine which option is most appropriate. To qualify for an L1 blanket extension petition, the U.S. company must have at least 1,000 employees, must have obtained L1 visas for at least 10 employees in the past year and have combined sales of at least $25 million. The USCIS mainly issues an L1 denial when they have reason to believe that the employee transfer may be fraudulent. One red flag for this is if your duties do not match your position title. This means that simply having the word “manager” or “executive” in your title does not automatically qualify you for an L1 visa.
As an L-1B or L-1A visa holder, your spouse and unmarried kids can accompany you to the U.S. on L-2 visas. If you’re going through a sponsoring employer, the company will have to obtain aPERM Labor Certificationon your behalf that demonstrates that there are no qualified U.S. workers to fill the position you’re being hired for. This process usually takes around eight months, so be sure to start the process long before your L-1B status expires.
Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits. The only way to tell current status of an individual who enters on the basis of a blanket L-1 is to ask the employer because there is no corresponding petition receipt# that could be checked online. Yes, it is possible to seek change from L to H while still in the U.S.
At the same time, some other visas do not necessarily need an education. The O-1, E-2, TN, and J-1 visa classes are examples of this. Holders of an L-1A visa will be granted three years of admission to the United States. They can then apply for an extension until they have lived in the country for up to seven years.