If I am in the U.S. on an L1B visa, do I need to leave the U.S. to apply for a Green Card. Good question; no, this requirement has to be satisfied by working outside of the country. There are some exceptions with respect to some of the time in the U.S. but they are very technical. It must be fully active, and your position with that company must be an active one as well. The L1 visa is one of a trio of options for the foreign investor, the other two being the E2 visa and the EB5 Green Card. FitzGerald Law Company recently handled my immigration case for me and everything turned out great!
Opening a new office in the U.S. – Multinational companies that don’t currently have a branch or office in the U.S. can use the L-1A visa to send their employee to set one up. L-1 visas for this purpose are granted an initial one-year period of stay and may be extended if the office has grown large enough to require a manager or executive to oversee operations. The L-1A visa, however, only requires you to be a manager or executive in a multinational company in order to be eligible. Of course, the petitioning U.S. company must also fulfill its conditions, but on the part of the individual, a managerial or executive position is the prevailing condition for qualification. This presents a fantastic opportunity for many people who are otherwise deemed ineligible for other work visas.
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Must be seeking to enter the U.S. to work in an executive or managerial capacity for their employer. Explain the applicant’s role, showing that they will primarily manage the function, as opposed to perform the function. This requirement is tricky, as there can be a fine line between managing a function and performing the function, particularly when there are very few employees working with the manager on this function.
The U.S. company must be a parent company, child company, or sister company to the foreign company. The L-1 visa may also include non-profit, religious, or charitable organizations. The L-1A visa is one of two types of work visas under theL-1 visa category.Its counterpart, the L-1B visa is for workers with specialized knowledge who need to transfer to the U.S. for a period of five years.
The L1 Visa processing time varies depending on the USCIS service center and the country from where the applicant applies. Right now California service center has wait time of two months. Generally, for applicants filing blanket petitions under form I-129 have an estimated time 4-6 months. To qualify for an L1 visa, you must have worked for the foreign company in a managerial, executive, or specialized knowledge capacity.
This is a large advantage over the H-1B, though there are some other visas that do not necessarily require an education. These include the O-1, E-2, TN, and J-1 visa classifications. For the L-1A visa, holders will be granted an initial three years of stay in the U.S. They can then extend their stay to a maximum of seven years, this surpasses the H-1B’s maximum of six years and the J-1’s maximum of five years. When comparing these L-1 visas with many of the other work visa classifications, you will find that, depending on your immigration situation, it has many benefits that the others do not. L1A visa extensions may be granted in increments of up to 2 years at a time until the maximum 7-year limit has been reached.
Transit from L-1B to a Green card can take more than 18 months, depending on when the priority date is becoming current. For L-1B visa holders, the PERM Labor Certification stage may take about 8 months. However, if your sponsor is subject to supervised recruitment or an audit, the process may take up to two years. l1b visa to overcome these challenges is to consult an immigration lawyer. An immigration lawyer can help the L1 visa holder navigate through the process correctly. The third category is applicable to all skilled workers, professionals, and other workers.
The US company must be a branch office, parent, subsidiary, or affiliate of the foreign company. Contact VisaNation Law Group’s Fort Lauderdale immigration lawyers for more information and assistance with obtaining employment-based immigration benefits under the EB-1C category. Once it is established that the petitioning employer and the foreign employee qualify to apply for L1A visa, the employer is responsible for completing and filing Form I-129, Petition for a Nonimmigrant Worker, on the behalf of the employee.