How the L1B visa worker managed the organization, department, subdivision, function, or component of the entity. The U.S. company can qualify as “doing business” in the United States even when it is only doing business with its affiliates and subsidiaries. For example, the U.S. sponsoring employer can be qualified as doing business where it earns all its revenue from its subsidiary overseas and not from selling products directly to unaffiliated third-party customers. However, a mere presence of an office or an agent does not qualify as doing business. A branch is an operating office or division of the same organization in different physical locations. After Q4, I saw that she already started arranging all documents and had stamped the I-129 which is for the visa approval (Knew this from my earlier experience with L1- Visa. Handed over stamped form back along with green slip.
INA 101 was not intended to alleviate or remedy a shortage of U.S. workers; the temporary worker provisions of INA 101 provide the appropriate means for the admission of workers who are in short supply in the United States. The L1B visa is a nonimmigrant visa issued to foreign employees with specialized knowledge being transferred to their companys US offices. An L1B individual visa is one of two L1 visa categories for intracompany transferees and allows employers to transfer foreign employees with specialized knowledge relating to the interests of the company.
Each of these 3 categories of EB-3 applicants has its own requirements. Though the EB-2 NIW may be more stringent compared to the regular EB-2 application requirements, it has many advantages if you meet the criteria. Apart from the opportunity to self-petition, the process may also be faster as you will not need to undergo the PERM labor certification, which usually takes 8 months to complete. However, premium processing will not be available for an NIW petition, so your processing time may remain unchanged. Because the L-1B is a work visa, we’ll take a look at the employment-based green cards that would be available to L-1B visa holders. L-1B visa is an employee specific visa, meaning that the L-1B visa holder cannot change his or her employer.
In a forthcoming article we will discuss the process of converting from an L1 visa to a Green Card. Statement of purpose reflecting the reason for the change from job to education. Verification letter from employer as proof to show that you are currently employed.
Similar as EB-1C, L1B visa holders who apply for a green card based on EB-2 or EB-3 cannot file I-485 application until an immigrant visa number is available to them. Whether the L1 visa applicant for an intracompany transfer is an executive, manager, or professional with specialized knowledge, they will need to meet several qualifications. Executives or managers who have been working continuously for a company with multinational offices for at least one of the past three years may be eligible to receive an L1A visa. Upon application at the consulate or embassy, the spouse and children of the primary applicant who are under the age of 21 may be issued L-2 visas.
The company is a giant in Brazil with 600 employees but we are still starting the operations in the U.S and I’m the only employee here. As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA. The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age.
The employee must have been working in a managerial, executive or specialized knowledge role. When we were approached by the Vice President of a start-up mobile app developer who had just established a small office in NYC, we were naturally skeptical of his chances for an L-1A Visa. The Parent Company did show complexity in management, but had little by way of a management structure established in the U.S.
In other words, the employee must be more than simply skilled or familiar with the petitioning L-1B visaemployer’s interests. We will work closely with our client to prepare a convincing case for their (or it’s) L1B visa petition and we will also strategize on how the L1B visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an L1B work visa petition due to the complexities in the immigration process and visa requirements. The L1B visa petition requires the overseas company that the person worked for be the same company as the U.S. sponsoring employer (i.e., branch of the U.S. company) or its other business entities (i.e., parent, affiliate, subsidiary). The U.S. sponsoring company and the overseas company must have a qualifying corporate relationship at the time the L1B visa petition is filed.
In addition to showing that you have extraordinary ability, you must show that you will continue to work in the United States in the field of your endeavor, and that your work will substantially benefit US interests. “Extraordinary ability” essentially means you are among the very top of your respective field internationally, and is proven with a variety of evidence. Labor certifications are issued through the United States Department of Labor upon submission of necessary information and forms.
To extend the validity of an individual L petition, the petitioner must file Form I-129, Petition for a Nonimmigrant Worker, with the jurisdictional USCIS Service Center. l1b vs h1b may file for an extension only if the validity of the original petition has not expired. Peter sent me a list of items that I needed to submit to him, and after that he took over and managed everything in a timely manner. I never needed a lawyer before, and this was a very easy first experience. When and if you have been rejected your L-1 visa application, you will receive a Request For Evidence . Statistics show that a little over 57% of L-1 visa applicants recieve RFEs and 54% of those are approved after the RFE.