For employees, the L1 visa possesses numerous benefits that put it to an advantage compared to other work visas. The L1 visa is full of advantages for you, your employer, and your family. When the employer requests Form I-129, the duration of the contract is determined. If your visa is approved, this duration will specify the length of your stay in the US.
She tries to understand the case in depth and listens carefully. I will definitely recommend Alisa Antonovsky to my friends. To speed up the process of applying for an L1 visa, the USCIS came up with a program called Premium Processing. The USCIS guarantees the petition will be adjudicated in 15 days or notify you if further evidence is needed if paid an extra amount of $1,000 on a separate check. The L1 visa is not at all meant to create self-employment, especially given the Executive Order mentioned above. Also, the foreign entity must be in full operation while the U.S. worker is in the U.S. on an L1 visa.
The reason is that the time spent in the U.S., even if for business, do not count towards your one year requirement. Business trips do not “break” your period of continuous employment abroad, but they do not add to it either. The applicant fills out the DS-160 online visa application and brings the confirmation to the embassy or consulate with the filing fee. The company in the USA to which they are being transferred must be a parent, joint venture, affiliate, subsidiary, or branch of the previous non-US based employer. Due to significant backlogs in processing of U.S. passports and immigrant visas and severe staffing shortages we are unable to offer as many non-immigrant visa appointments as we would like.
Whereas H-1B visa applicants need to go through the US Labor Department, have prevailing wage certifications, and prove that no available US workers can fulfill the job position, L1 visa applicants do not need these. Both the L-1A and L-1B require that the employee to be transferred has gained at least one year of experience with a related company outside the United States, prior to the transfer. The foreign and U.S. companies must have a qualifying relationship, such as parent/subsidiary, branch office, or affiliation by common ownership.
What defines an employee working in a “specialized knowledge capacity” is laid out in section 214 of the Immigration and Nationality Act. While working off-site, the L-1B visa holder must remain under the control and supervision of the original employer and petitioner of the L-1B visa. If the employee must spend time working outside the country while on an L-1B visa, that time can be recaptured to the five-year maximum stay. L-1B visa holders can remain in the U.S. for a maximum of five years.
The L-1A employee must be coming to the USA as a senior managerial position. These include managers who will have other people report to them; or department managers running a specific function of the company. l1a interview questions qualified employees will be allowed a maximum initial stay of three years. For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.
Once you submit the form, you’ll receive a confirmation number and page. You need to demonstrate advanced knowledge and experience in your chosen profession. Essentially, this knowledge must be relevant to the establishing of the new company branch in the US. We cover bringing domestic workers of L1 beneficiaries on B1 visas in a separate article. Both L-1A and L-1B visas allow for dual intent, which means that they offer a path to permanent residency in the U.S.