From L-1B to L-1A and then to EB1C

Moreover, one advantage over the H-1B is that employers don’t need to prove that the wage meets the prevailing wage of similar domestic workers. The L-1 visa, however, only requires you to be a manager, executive, or specialized employee in a multinational company in order to be qualified. This opens up the door for many people that are otherwise ineligible for other work visas. Spouses and children under 21 of both L1A and L1B visa holders may accompany them to the US on a dependentL2 Visa. L2 visa holders may apply for an Employment Authorization Document and work in the United States.
The L1 Visa is an intracompany transfer visa that allows companies to transfer employees to the United States with the purpose of developing operations in the US by opening a new branch, subsidiary, or affiliate office. To qualify, you and the organization that you represent must be able to show that you are employed in an executive or managerial position. The definition of “managerial” or “executive” must comply with U.S. immigration policies. This category covers those with knowledge of the company’s products/services, research, systems, proprietary techniques, management, or procedures.
If necessary, our ACS LAW professionals and attorneies will cooperate with your employer to complete all paperwork properly, assist you at all stages of receiving a Green Card, and help you with setting up a company and relocating a business. Fortunately, if your L-1 visa is rejected, you are able to reapply 3 days after the previous rejection. You don’t see applicants doing this often because it’s not common that your circumstances change that quickly but it’s good to know you don’t have to wait 6 months or longer. Any information contained in this website & chat is provided for general guidance only, not intended to be a source of legal advice. One of the advantages of the L1 visa is that there is no limit to the number of petitions approved every year. As such, the USCIS cannot deny you on the basis of a cap being reached.
If the purpose of the L-1 visa is for a foreign employer to establish a new office in the United States additional requirements apply. First the employer must have secured an ample physical location for the office or facility. Additionally, if through an L-1A visa, the employee must meet previous managerial experience requirements and the office must support an executive or managerial potion within one year of the visa’s approval.
Employers who have L1B visa holders who need to remain beyond the 5th year will need to consider changing their status to L1A or H1B. H1B petitioners are also exempt from the ACWIA fee when filing a 2nd or subsequent extension of stay petition for a foreign worker. The H1B cap only applies to new H1B applications and does not generally apply to H1B status holders who are seeking extensions or change of employer. That’s all about the difference between L1A and L1B USA VISAs.
In the case of a new office, details on the physical location lease or construction should be provided. Getting this right will make your visa process go a lot smoother because you will make the adjudicator’s job easier. If you ask them to hunt for important information, you may just get an RFE on information buried in the document. Regardless of l1b vs l1a or L1B, USCIS is looking for someone that has worked for at least one year at a foreign office within the company and has done so in the same or similar capacity that they will be operating in the new domestic role. For L-1 visa or status news, information, complexities, and options, as well as Murthy Law Firm success stories in such cases, see the Worker page.
Past this extension, they must then either change their visa status or apply for another L1 visa. 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. To apply for an L1 visa, you must submit a complete petition package with form I-129 plus the applicable fee to USCIS.
The exception to this rule is if you are coming to the United States with a visa such as the B1 in lieu of an H1B visa. In addition to the categories of an L1 visa, there is the L2 type of visa which is closely related to the L1 visa. With an L1 visa, you can travel in and out of the United States for as long as your visa is valid. Despite the above-described overlap, there are key differences between the qualifications for L-1 and E-1 or E-2 visas. “Americans are losing jobs to a visa program. Can it be fixed?” Christian Science Monitor.

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