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L1 Visa is issued to a foreign national where he is transferred by his employer company to work in a subsidiary/branch/affiliate/joint venture of the company in the US . The L1A Visa is for managers and executives and the L 1B Visa is for specialist.
How to Apply For L1 Visa:
The following procedure is involved for L1 Visa:
- The employer company files a petition for nonimmigrant visa on Form I-129 in the name of the employee. The petition determines the eligibility of the employee.
- Under Regular L1 visa scheme petition needs to be file for each and every employee, while under the Blanket L1 visa scheme a copy of the blanket petition needs to be filed.
- On approval of the petition, the foreign national makes a visa application.
- Separate applications made for Managers/Executives and Specialist.
- L2 visa application for dependents is made after L1 visa has been applied for.
Eligibility For L1 Visa:
The Manager and /or the executive should have worked abroad in the said capacity atleast for a period of 1 year in the preceding 3years to qualify for a L1 Visa.
Length of Stay and Extension For L1 Visa Holders:
Approval under L1 Visa would be for a period of three years. Renewal and extension of the L1 Visa status is within the US, on the other hand renewal of the Visa should be made outside the US. Where the employee is deployed in the capacity of a manager or executive the period of extension will be for a further period of four years (two years at a time) making it to a maximum of seven years, while a specialist is allowed to extend his stay by two more years. Where a sponsor company terminates an employee under L1 Visa, he should be able to find a new job within the grace period granted, failing which he has to leave the country.
L1 Visa Holders Whether Qualified to Apply for other Visas & Citizenship:
Where the L1 Visa petition is still pending it is not advisable for the person to travel in any other visa. L2 visa is issued to the dependents viz., spouse and child less than 21 years of the L1 Visa holder. While the spouse is granted Employment Authorization to work and child is not permitted to. L1 visa employees are eligible to apply for a green card and in the process skip the cumbersome Labour Certification requirement.
In which case your L1 Visa Application will be rejected:
There is no ceiling on the number of L1 Visas issued. Under the following circumstances L1 Visa Application will be rejected:
- Disqualification of the US Company.
- Disqualification of the parent/non US Company.
- Intention to continue business is withdrawn.
- Fraud committed in the application for Petition
- The applicant is not eligible for the visa as per Sec212(a) of the Immigration and Naturalization Act.
Conclusion about L1 Visa
Holder of a L1 Visa can legally work for the US company to which he has been transferred. Holder of a L1 Visa can work only for the sponsor company. Holder of a L1 Visa can travel in and out of the US till the expiry of visa tenure, on application of Green Card such travel does not require an “advance parole”. L1 visa employees may work part time. Change of job should be notified with the immigration department. |
