Your complete guide to the L-1B Visa for non-immigrant work in the United States

With the delays in processing at USCIS due to Covid and post Covid challenges, Michael and Lahaina were always happy to have an update discussion and keep me reassured – and sane! I leave this review because Michael’s evaluation of what was required for success in my immigration journey has made a phenomenal difference to my life, for which I am forever going to be grateful. I leave this review as an experienced immigration applicant who has tried some of the most well known firms in the country – firms that promised the world, charged the earth, and generally failed in the objective they were contracted for. The L-1 intracompany transferee visa allows managers, executives, and especially knowledgeable employees who work outside the U.S. for a company that has an affiliated entity inside the U.S. to come to the U.S. and perform services for that entity.
Fraud prevention is where a worker already holds a valid L-1 visa, but is planning on changing employers. The only exception to this fee is if the employee is filing to change status on their blanket petition. Changing status from L-1B to L-1A would be a good strategy because the employee will be entitled to a 7-year maximum stay on L-1A as compared to 5-year stay on L-1B. The petition for change of status to L-1A from L-1B can only be filed after being employed at least six months in a managerial or executive capacity.
Evidence that shows that the applicant can work with the specialized knowledge. To prove and answer these questions, the applicant and company can provide extensive documentation and evidence. To demonstrate that the knowledge held by the L-1B visa applicant is also advanced, the applicant must show that their knowledge is uncommon within their company as well.
The spouse and minor children of an L-1B visa holder can apply for an L-2 visa, which permits them to stay for as long as the transferee is in this country. The process is initiated by a petition filed with the United States Citizenship and Immigration Services in the U.S., directly at the U.S. Consulate abroad if the company holds a blanket “L” approval or at the Canadian/U.S. For non Canadian citizens once the petition is approved, a process that normally takes between three-twelve weeks, the approval notice and instructions for processing the application for issuance of the visa at the appropriate U.S. Consular processing time varies significantly depending on the Consulate selected. Once the visa is issued, the individual can enter the U.S., be issued L-1 status and commence paid employment at the U.S. facility.
They get to recapture that time, meaning someone could potentially stay in the U.S. for an even longer period of time. Individuals can apply for renewals and may receive one extension granted in a two-year increment. This means individuals on the L-1B visa could potentially stay in the U.S. for a total of five years. It’s also important to note that an L-1A could have more than one, two or three extensions if the L-1A visa holder travels outside the U.S. l1b vs l1a can apply for renewals and may receive two extensions granted in two-year increments. This means individuals on an L-1A visa can remain in the U.S. for a total of seven years.
They must prove that, through testing the market and other means, there are no other viable and/or qualified US workers for the job. It is also important to note that the L1B visa does not require that you have non-immigrant intent . Instead, you can have dual intent, which means if you eventually pursue your green card, you have the ability to do so without scrutiny regarding whether that was your intent all along. In deciding whether to approve a change or extension of status for any nonimmigrant who has fallen out of status, USCIS may exercise discretion on a case-by-case basis to grant the extension or change status, despite the failure to maintain status.
However, the L-1B visa can only be extended to a maximum of five years, making its period of stay a disadvantage when compared to other work visas. For the L-1A visa, holders will be granted an initial three years of stay in the U.S. They can then extend their stay to a maximum of seven years, this surpasses the H-1B’s maximum of six years and the J-1’s maximum of five years. One of the most difficult aspects of acquiring an H-1B, J-1, or TN visa is finding an entity that is willing to sponsor you for the visa. If you are a qualified L-1 applicant, then you are already employed with a U.S. company that will sponsor you. If you don’t have valid status and you are readmitted as a parolee upon your arrival from international travel, your L-1B nonimmigrant status will be terminated.
If you are a Canadian or Mexican Citizen with an offer of employment from a US employer as an Agriculturist , you might qualify to work and live in the US under TN Visa status. We discuss the profession of an Agronomist for TN Visa status under the USMCA and how to qualify here. The profession of a Nutritionist is listed under the USMCA professions list as a profession that qualifies for TN visa status. If you are a Canadian or Mexican Citizen with an offer of employment from a US employer as a Nutritionist, you might qualify to work and live in the US under TN Visa status. We discuss the profession of a Nutritionist for TN Visa status under the USMCA and how to qualify here. The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people live and work in the United States.

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