Our lawyers ensure that your application is strong and justified. If you are an L1 visa holder, your spouse and unmarried children under 21 years of age may come to the United States with you. These family members may seek admission under the L2 nonimmigrant classification. If approved, they are generally granted the same period of stay as you.
So, if your situation does not cover the above-mentioned options, you can apply for a B-2 visitor visa which is primarily used for personal purposes such as a vacation or a holiday. This is NOT an easy route, and an experienced immigration attorney must be consulted before opting for this route. A key test for “specialized knowledge” is whether it would be difficult to impart the knowledge to another party without substantial economic hardship for the United States or foreign firm. Your L-1 status is valid only for the position stated on the L-1 petition, and for the period requested.
The knowledge doesn’t have to be uncommon within the L-1 visa applicant’s company but should be above normal knowledge for the industry as a whole. An L-2 visa holder may apply for work authorization but may not work without that authorization. For the spouse and children of an L-1B visa holder to come to the U.S., they’re granted an L-2 visa.
Clients with all of their immigration law legal needs since 1997. Have distinctive and unique knowledge of the company’s services, products, management, etc. You must be in a position over the supervisors and lower-level employees of the organization. 65,000 of them go to overseas specialized workers, and another 20,000 go to international graduates with advanced degrees from US educational institutions. After the Visa expires, you can apply for an Employment-Based Green Card, as long as you have a qualifying job. You can apply for an H1B Visa if you will work for an American employer and American-based company.
l1b vs h1b has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues. Evidence of employee’s specialized knowledge, if applicable. When the applicant’s current petition will expire shortly or the applicant has a new petition number with a validity date in the future, you must annotate the new visa with the current valid petition information only. Customs and Border Protection will verify the existence of a valid petition upon entry at a Port of Entry regardless of the annotation on the visa.
With an L1B visa the foreign worker can work in the US for up to 5 years. The L1B visa beneficiary must possess specialized knowledge related to their foreign company and position, and be coming to the US company to work in a position that requires specialized knowledge. To qualify for an L1B visa, you must have been employed with the foreign company, continuously, for at least 1 year, prior to filing the visa petition.
L-1B visas may be difficult to get approved because of lengthy RFEs, but that does not mean that they cannot get approved. If your company has an individual with specialized knowledge of your company and you wish to transfer them to the U.S., feel free to contact our office for a consultation on what can be done to get your case approved. There has been some indication that specialized knowledge is different from proprietary knowledge and should not be confused. Some attorneys reminded USCIS that the L-1B nonimmigrant classification did not require the individual to be extraordinary, and that specialized knowledge need not be proprietary.
EB-1C is an immigrant visa classification for multinational managers and executives. Although it is not mandatory to obtain an L1A visa before filing an EB-1C immigrant petition, it is preferably to do so. In order to recapture time, the L-1 petitioner and/or beneficiary is required to submit to USCIS evidence documenting the period of physical presence outside the United States. This is submitted along with an L-1A or L-1B extension petition. An alien will not be granted an extension of stay for periods of time that are not supported by documentary evidence.
When an applicant applies for a new L visa before the current L visa expires, you must cancel the current visa and, if otherwise qualified, issue a new L visa for the maximum validity permitted based on reciprocity. The time a beneficiary spent working while in dependent status or as a student pursuant to Optional Practical Training will not result in an adjustment of the three-year period. “New office” means an organization, which has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year. Would only be required to pay the remaining $300 of the reciprocity fee if the visa is issued. Conversely, if an applicant’s reciprocity fee was $400 and they paid the $500 fee, they would have no further reciprocity fee obligation if the visa is issued. By mandating a preliminary petition, Congress placed responsibility and authority with DHS to determine whether the requirements for L status, which are examined in the petition process, have been met.