L-1A and L-1B Intracompany Transferees Meyner and Landis LLP

However, neither the title of a position nor ownership of the business is, by itself, an indicator of managerial or executive capacity. The sole employee of a company may qualify as an executive or manager, for L visa purposes, provided their primary function is to plan, organize, direct, and control an organization’s major functions through other people. The L1A visa is used to transfer managerial and executive level employees, while the L1B visa is for transferring specialized knowledge employees. After successfully obtaining the L1 visa it is possible to eventually upgrade to permanent residency . The petition must also demonstrate that the size of the U.S. investment in this office, including its ability to pay the beneficiary, is sufficient for the business to commence and continue doing business in the United States.
To apply for a L-1A visa, the employer must file a Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee. A petition to change status to L-1A may be filed on behalf of a foreign national in L-1B status in order for the individual to move into a managerial position or an executive position. Dual intent means the intent is immigrant and non-immigrant.
When you petition for an L1 extension,you are essentially re-petitioning for a new L-1 visa. That means that your new position must fulfill the requirements of either an executive, manager, or specialized employee. If it does not, then you are liable to have your L1 extension denied. The consular, the person reviewing the visa application, could determine that an L1 visa can’t be granted if the company doesn’t meet certain qualifications. If the company seems fraudulent, this is also the basis to deny a visa application. And if the foreign worker doesn’t meet the standards of the Immigration and Naturalization Act, the visa could be denied.
Learn about the advantages of applying for a Social Security number in your home country. 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 . Ensure that you are eligible for the L1a visa, and gathering the requirements can not be much of a problem.
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.
If you are not differentiated due to your international experience you will need to do the PERM process to prove the company needs you as they cannot get the experience in the US labor market. Once you can satisfy all those elements and have letters of support from your foreign manager and the US manager…then you have met the standard for adjudication. If l-1b visa apply for an L1 visa and your petition is approved, you will be transferred to the country and work for that U.S. company related to the one employing you outside of the U.S. Besides, you may travel in and out of the country or stay here continuously up till your L1 status expires. Last but not least, once your visa application is approved, you may avail of L2 visas for accompanying relatives, including your spouse and unmarried children under 21 years of age. Individuals who hold H-1B and L-1 nonimmigrant status need to be aware of their “max-out” date – the date by which they will no longer be eligible for that visa status.
Following the expiration of either the one or three year L1 visa, employees may apply for an extension in increments of two years, up to a total of seven years. An L-1 nonimmigrant may change status to another classification (including but not limited to H-1B or F-1), but may not commence services or activities under the requested classification until USCIS has approved the change of status. Changes between the H-1 and L-1 classifications count the United States duration of stay under the old classification toward the maximum stay allowable under the new classification. If you are applying for an L1 visa extension and you wish for your L2 spouse and/or dependents to have their visas extended as well, your employer must file an I-539 form along with your I-129. If you qualify for another nonimmigrant visa or even a green card, then you may want to consider transferring your status from L1 to a different status.
Use this article as a strategy guide for crafting an L1 Business Plan, and you will be able to navigate USCIS requirements. Get educated, focus on the advice, and avoid getting rejected. Justia cannot guarantee that the information on this website is accurate, complete, or up-to-date. I worked as a manager for the company oversea, and also I was also recently promoted to a manager for the same company in the US. But would this degree of individual variation still stand if other hot L1s in the population were included in the analysis? In other words, do L1A, L1B, and L1C combined constitute a significant fraction of the hot L1 activity in world populations?
However, since the nature of work for multinational corporations frequently involves foreign postings, it is sometimes possible to obtain the L-1 visa in a third country. If you are aiming to change your visa status from L1A to EB-1C green card, your employer will first need to submit a Petition for Alien Worker (I-140 form) to the USCIS. Assuming priority dates are current, your employer can jointly file for your adjustment of status. If you are living outside the U.S. your must wait for your I-140 to be approved through consular processing.

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