L-1B Visa FAQ | Costs & Fees | Document Requirements Checklist

The L-1B visa is a type of nonimmigrant visa offered by the United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS). This visa is designed for employees who work in a specialized knowledge capacity for a multinational company that wants to transfer them to a related office in the United States.

To be eligible for an L-1B visa, an individual must have been employed with the foreign company for at least one year out of the last three years, and must be coming to the United States to work in a specialized knowledge capacity. The individual must possess unique and advanced knowledge of the company’s products, services, research, equipment, techniques, management, or other interests and its application in international markets.

In addition, the individual must work for a qualifying company that has a parent company, affiliate, or subsidiary in the United States and has a qualifying relationship with the foreign company. The U.S. company must be active, and the individual must be coming to the United States to provide services to it in a specialized knowledge capacity.

It’s important to note that the L-1B visa is valid for a maximum of five years, with the possibility of extension for another two years. After that, the individual must return to their home country for at least one year before they can apply for another L-1B visa.

If you’re interested in applying for an L-1B visa, it’s advisable to seek the assistance of an immigration lawyer who has experience with this type of visa. An immigration lawyer can help you understand the requirements, provide guidance on the documentation process, and help you avoid common mistakes that could delay or jeopardize your application.

Sources:

• USCIS: https://www.uscis.gov/working-united-states/temporary-workers/l-1b-intracompany-transferee-specialized-knowledge
• DOS: https://travel.state.gov/content/travel/en/us-visas/employment/intracompany-transferee-visa/l-1b-specialized-knowledge-visa.html

An L-1B visa is a type of visa that allows companies in the United States to transfer employees who possess specialized knowledge from their overseas offices to their U.S. offices. The L-1B visa is a dual-intent visa, which means that the visa holder can apply for permanent residency in the United States while maintaining the L-1B status. In order to qualify for an L-1B visa, the following criteria must be met:

1. The employee must have been employed abroad by the company for at least one continuous year out of the three years preceding the application.
2. The employee must have specialized knowledge of the company’s products, services, research, systems, techniques, management, or other interests.
3. The U.S. company must be a subsidiary, parent, affiliate, or branch office of the foreign company.
4. The U.S. company must have a need for the employee’s specialized knowledge.
5. The employee must be coming to the U.S. to work in a specialized knowledge capacity.

In order to apply for an L-1B visa, the U.S. company must file a petition on behalf of the employee with the U.S. Citizenship and Immigration Services (USCIS). Along with the petition, the following documents must be submitted as part of the L-1B required documents checklist:

1. Proof of the foreign company’s existence and good standing
2. Proof of the relationship between the foreign and U.S. companies
3. Proof of the employee’s specialized knowledge
4. Proof of the U.S. company’s need for the employee’s specialized knowledge
5. Proof of the employee’s intention to depart the United States when the L-1B visa status expires
6. Proof of the employee’s qualifications and experience

It is important to note that the USCIS may request additional documentation, and the list of required documents may vary depending on the individual case. Hiring an immigration lawyer can greatly increase the chances of success in obtaining an L-1B visa, as they are knowledgeable in the complex immigration laws and procedures and can help ensure all necessary documents are properly prepared and submitted.

Sources:

• USCIS: L-1B Intracompany Transferee Visa for Employees with Specialized Knowledge https://www.uscis.gov/working-united-states/temporary-workers/l-1b-intracompany-transferee-visa-employees-specialized-knowledge

The L-1B visa is a popular way for companies to bring skilled workers from overseas to the United States. Here are some interesting statistics and facts about this visa category:

• Purpose: The L-1B visa is intended for workers who possess specialized knowledge and who are being transferred to a U.S. office from a foreign office of the same company.
• Popularity: The number of L-1B visas issued has risen steadily in recent years, reaching a high of 84,120 in fiscal year 2018.
• Processing Time: As of 2021, the average processing time for an L-1B visa was approximately 4.5 months.
• Denials: In recent years, the denial rate for L-1B visas has increased, with up to 24% of applications being denied in fiscal year 2018.

Now let’s take a look at what U.S. Presidents have said about the L-1B visa:

• President George W. Bush: In 2008, President Bush signed into law the Consolidated Natural Resources Act of 2008, which included provisions aimed at addressing concerns about the abuse of the L-1B visa program.
• President Barack Obama: In 2016, President Obama signed an executive order aimed at reforming the visa program, including increased scrutiny of L-1B visas.
• President Donald J. Trump: During his presidency, President Trump issued several executive orders aimed at tightening immigration policies, including restrictions on the L-1B visa program.

Here are some news sources that have reported on the L-1B visa:

• The Wall Street Journal: “L-1B Visa Denials on the Rise, Threatening Tech Companies’ Ability to Move Workers” (https://www.wsj.com/articles/l-1b-visa-denials-on-the-rise-threatening-tech-companies-ability-to-move-workers-11550036000)
• CNN: “Trump Administration Plans Tougher Screening for High-Skilled Workers” (https://www.cnn.com/2019/12/03/politics/trump-administration-h1b-visa-screening/index.html)
• Fox News: “US L-1B visa denial rate spikes amid Trump’s crackdown on immigration” (https://www.foxnews.com/politics/us-l-1b-visa-denial-rate-spikes-amid-trumps-crackdown-on-immigration)

These are just a few examples of the coverage of the L-1B visa program. If you’re interested in learning more about this visa category, these articles provide a good starting point.

If you’re considering applying for an L-1B visa, you may want to consider hiring an immigration lawyer to help you prepare your case. There are several reasons why having a legal professional on your side can be beneficial during the visa application process.

1. Knowledge of immigration law: A skilled immigration lawyer is well-versed in the intricacies of immigration law and can guide you through the complex visa application process. They will have a thorough understanding of the criteria required to secure an L-1B visa and can ensure that your application meets all of the necessary requirements.
2. Avoid common mistakes: A common mistake that many people make during the visa application process is not providing enough information or not presenting it in a clear and concise manner. An immigration lawyer can help you avoid these types of mistakes and increase your chances of success.
3. Speed up the process: The visa application process can be slow and time-consuming, but with the help of a professional, it can be completed more efficiently. An immigration lawyer can help you gather all the necessary documentation and make sure that your application is filed correctly and on time.
4. Representation in court: In some cases, an L-1B visa application may be denied. If this happens, an immigration lawyer can provide representation in court and help you appeal the decision.

It’s important to note that not all immigration lawyers are the same, so it’s important to do your research before hiring someone to represent you. You can start by checking out the website of an L-1B visa law firm or looking for a reputable H1B visa attorney. You can also ask for recommendations from friends or family members who have worked with an immigration lawyer in the past.

In conclusion, hiring an L-1B visa lawyer can be a valuable investment if you’re considering applying for an L-1B visa. An immigration lawyer can provide the knowledge and expertise necessary to guide you through the complex visa application process and increase your chances of success.

Source: https://www.reuters.com/business/legal/us-immigration-lawyers-see-surge-demand-covid-19-threatens-visa-2021-07-15/

What Are the Constraints of the L1B Visa?

L-1B visa recipients are permitted an initial stay of up to three years in the U.S., with the option to seek an extension for an additional two years. However, it’s essential to note that once an individual has reached the maximum limit of five years, no further extensions can be granted. Understanding these limitations is vital for L1B visa holders to plan their stay in the United States accordingly.

Is Obtaining an L1B Visa Difficult?

Securing an L1 visa involves a complex and detailed application process. Success hinges on the inclusion of substantial and comprehensive supporting documentation. Over-documenting is recommended to ensure the adjudicator has all the necessary information for a well-informed decision on the application.

When Can I Initiate Green Card Application Post L1B?

Response: Typically, the process of applying for a green card after L1B involves the PERM Labor Certification, which takes approximately 8 months to complete. This duration encompasses the 30-day job order requirement, an additional 30-day waiting period after the job order, and the 6-month processing time for the ETA-9089 application. Understanding this timeline is crucial for those considering the transition from L1B to a green card.

Can L1B be Converted to H-1B?

Change of Status from L-1 to H-1B can be pursued within the U.S., eliminating the requirement to return to your home country. However, it’s essential to note that the USCIS process for converting from L-1B to H-1B status may not always be straightforward. The intricacies arise, especially considering the uncertain nature of the H-1B application process. Navigating this transition demands careful consideration and expert guidance.

Is My Spouse Eligible to Work with My L1 Visa?

Response: Yes, as of the end of 2021, L1 spouses automatically gain US employment authorization based on their valid L nonimmigrant status. This implies that L-2 spouses are authorized to work upon entry to the USA, making employment eligibility a seamless aspect of their status.

How Does the Salary Differ Between H1B and L1B?

Unlike the H1B visa, the L1B visa does not have specific wage requirements. However, it is important to ensure that the salary is reasonable. For H1B visa holders, the salary must align with the prevailing wages for their profession or the average income for that employment in the United States. The issuance of the visa is contingent upon compliance with the terms outlined in your employment contract