L-1A Visa Frequently Asked Questions

An employer must file Form I-129, Petition for a Nonimmigrant Worker, with DHS to accord status as an intracompany transferee. Form I-129 is also used to request extensions of petition validity and extensions of stay in L status. The form must be filed with the USCIS Service Center that has jurisdiction over the location where the beneficiary will perform services in accordance with the information found on the USCIS website for I-129 direct filing. Intent to enter the United States to serve in an executive or managerial capacity (L1-A) or to provide services in a specialized knowledge capacity (L1-B) for the employer. L-1B Visa holders must obtain a PERM Labor Certification from the U.S. Department of Labor, an additional step not required for L-1A holder to become eligible for an employment-based immigration visa.
Extensions are sought on Form I-129 and L supplements; this form encompasses both the petition extension and the foreign national’s extension of stay. Form I-539 must be used for the extension of stay of family members and must be filed concurrently with the petition extension request. The petition extension must also be accompanied by a letter from the employer describing the continuing employment and by a copy of Form I-94 for the foreign worker and each family member. The extension should be filed with either the VSC or the CSC, depending on the location.
For l1a visa interview questions who will be coming to the United States to set up a new office, the L1A visa is initially granted for a period of 1 year. For workers coming to work for existing offices, the L1A visa is initially granted for a period of 3 years. The L1A visa can be extended for a total period of 7 years. The L1B visa was designed to allow foreign companies to transfer certain foreign workers to the United States so that they are able to work as a specialized knowledge worker for an affiliate US office.
While this was counted as an advantage earlier, it could easily be a disadvantage depending on your situation. If you are not currently employed with a multinational company that is large enough to have or plant an office in the U.S., then this could be a very difficult hurdle to surpass. This is especially true since you must work at that company for one full year in the three years that precede your entry into the U.S. Have been working for a qualifying company overseas for one continuous year within the past three years immediately before your admission to the U.S. Another equally important L-1 benefit is the fact that, if a multinational employer does not currently have an office or branch in the U.S., an L-1 holder can be sent in order to establish a new one. One of the greatest L-1 visa benefits is the fact that you do not need a degree to qualify.
Furthermore, an L1A beneficiary should consult with an experienced immigration attorney for assistance in applying for change or adjustment of status if he or she is interested in doing so. Furthermore, the number of employees that an individual supervises, has supervised, directs, or has directed, will not by itself prove that the individual is or was acting in a managerial or executive capacity. To get an extension beyond the first year, you must show that the US company supports a managerial position. To prove this, you must show that the new office has hired sufficient workers to the point where you would be managing professional level employees, rather than doing the substantive work yourself. The L1A visa is a nonimmigrant visa, so it is temporary in nature and does not directly lead to a green card.
Usually, for non-immigrant visa, one is required to show that they have no intentions of immigrating to the U.S. Hence, they have to maintain a foreign residence to show that they have no intentions of leaving their country. For L1 visa, one does not have to maintain a foreign residence and other properties to prove that they will not abandon their country. There is a scope for them to file for green card or adjustment of status at a later stage. Plus, spouse and unmarried children under the age of 21 years of the L1 visa holder can accompany them.
L1 visa to start a business in the US as a non-citizen is widely used by citizens of countries that are not on the E-1 or E-2 treaty list, such as China and India, among many others. The employer must not pay the L-1B worker significantly below the prevailing wage. Yes, the L1 visa spouse applies for the L2 visa and it permits the holder to work in the US by receiving the Employment Authorization Document .
For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional. The most significant benefit of a Blanket Petition is the fact that petitions do not have to be filed with USCIS, but can be presented by the transferee at a U.S. In short, the L-1 visa process can be completed in a few weeks rather than in a few months. For the purposes of the L1B Visa, an employee with specialized knowledge is one with proprietary information or skills pertinent to the operations of the business.