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Q1 |
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What is L-1 visa? |
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A1 |
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The L-1 visa category
was established to facilitate the transfer
or rotation of foreign personnel of an
international company into
the United
States. Although originally targeted toward large U.S.
multinational corporations, this is an
appropriate method for companies of all sizes to seek
immediate immigration benefits for their
qualifying employees. Further, the L-1
visa may provide quick access
to
lawful permanent resident (immigrant) status in the United
States.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q2 |
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Who qualifies for a L-1
visa? |
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A2 |
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The L-1 is available to
a foreign national who, within the three
years immediately prior to entering the
U.S., has been employed
abroad for at
least one continuous year and is now seeking temporary
admission to the U.S. to be employed by a
parent/branch/affiliate/subsidiary
of
that foreign employer in a managerial or executive capacity,
or in a position requiring specialized knowledge.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q3 |
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For how may years is L-1 visa issued
for? |
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A3 |
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An L-1 petition may be
approved initially for up to three years,
with the possibility of extension for up
to four more years. In
the case of a
"new office" in the U.S., the L-1 will be limited to
one year initially with extensions
provided thereafter if the new
office
flourishes.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q4 |
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Can dependents of L-1 come to
USA? |
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A4 |
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The spouse and children
(under 21 years and unmarried) may obtain L-2 visas allowing
them to enter the U.S with the principal alien. L-2 CAN obtain
employment authorization to get a job or do their own business
if they like.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q6 |
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What happens, if one of the subsidiaries
(either in the United States or in the foreign country) goes
out of business? |
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A6 |
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The L-1 visa is
dependent on the existence of both a subsidiary in the United
States and the foreign country. If either or both ceases to
exists, your visa automatically becomes void and your work
permit is automatically terminated.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q7 |
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Does this mean I have to leave the United
States?(Continuation to the previous
question) |
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A7 |
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Yes! Since you lost
your work permit and your visa, you are not allowed
to work in the United States any longer,
unless you have another visa like
an
H-1B. If you have a visitor visa (B-1, B-2), you can certainly
stay,
but your are not allowed to work
any longer.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q8 |
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In case I want to escape the trap with
the involuntary termination, if my company goes out of
business, can I switch to a different kind of
visa (e.g., to an H-1B) at any time?
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A8 |
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Yes. All what the
company has to do is to apply for the other visa.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q10 |
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Do you need a lawyer to get a L-1
visa. |
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A10 |
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Personally you don't,
but since the paperwork is similar to the H-1B visa,
most companies who sponsor L-1 visas hire
a lawyer anyway.
See the discussion
about lawyers in the H-1B section for more details.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q11 |
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I am writing this note from India. I need
help in clarifying few of my doubts. I will be coming work for
couple of years on an L1 visa. I am planning to bring my wife
and my son along with me as dependents. I understand they will
be getting L2 visas. I have the following doubts.
1) while in US, can I change my job from
one company to another. ie. Is it possible to change from an
L1 visa to H1B if I want to change my job. I hear that it is
not possible.
2) My wife is a software
engineer. Can she change her L2 visa to an H1B visa after
coming there and if she finds a job. ( with in a month or two
after she reaches US).I hear that there is a min. period of 6
months as waiting period. |
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A11 |
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1) Yes you can. It is
possible to change from L to H. No problem.
2) She can. There is no real waiting
period. But, just to be cautious, do not start looking for a
job until she has been here for approx. 90 days.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q12 |
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Although there is a lot of info on the L1
VISA, there is hardly any info on the sub-categories L-1A
(executives/managers) and L-1B) specialized knowledge). If my
company is sponsoring me for an L-1 VISA, and I am not an
executive (CEO)or a manager, who decides the VISA
sub-category, the company or USCIS (INS)? Also, assuming that I
get an L1-B (most likely) without labor certification, how do
I go about getting a green card - is it the same as H1-B to
Green card, or will I fall under the 1st preference - priority
worker category? |
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A12 |
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Category is decided by
your employer and is then approved (or not) by USCIS (INS). For
L-1 managers/execs., the GC procedure is fairly short.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q13 |
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Can an individual who has an L-1 visa
pursue a second source of income while in the USA? For
example, a person from another country, working for XYZ Corp
under an L-1 Visa decides he would like to open a part-time,
in home business (lawn-care, consulting, etc). Is that
OK? |
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A13 |
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Cannot do it.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q14 |
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If a person was here on L1 for 2 years
and then on H1 for 3 years, would the extension of H1 be for 1
OR for 3 more years ? Does L1 status count in computing the 6
years of H1 ? |
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A14 |
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Yes. Both stays
combined may not exceed 6 years.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q15 |
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Similarly if a person is on H1 for 3
years and changes status to H4 (dependent on spouse with H1)or
F1 (student) for a year or more, then would the H4 or F1
period get added to compute the 6 year limit on H1
? |
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A15 |
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The stay on H-4 period
is uncertain. USCIS (INS) claims H-4 should be added. We say
no. F-1 does NOT count.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q16 |
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How Can a Company Qualify to Obtain
Blanket L-1 |
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A16 |
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We have to show that
the company ("Petitioner") meets the following requirements:
- The petitioner and each of those
entities are engaged in commercial trade or services;
- The petitioner has an office in the
United States that has been doing business for one year or
more;
- The petitioner has three or more
domestic and foreign branches, subsidiaries, or affiliates;
and
- The petitioner and the other
qualifying organizations have obtained approval of petitions
for at least ten ``L'' managers, executives, or specialized
knowledge professionals during the previous twelve months;
or have U.S. subsidiaries or affiliates with combined annual
sales of at least $25 million; or have a U.S. work force of
at least 1,000 employees.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q18 |
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We are often asked this question that
what are the immigration law consequences of an H-1 or an L-1
holder being temporarily located abroad? For instance, what if
an employer wishes an H-1 or L-1 holding employee to work in
UK for a while. |
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A18 |
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We are providing a
brief overview of these issues.
1. H-1 or L-1 does not prevent an
employee from being sent to UK. The employee can continue to
be on the employer's pay roll. The employer can make the usual
pay roll deductions. The detailed tax implications must be
discussed with a tax expert.
OR
The employee can paid in UK without
making any deductions in USA. They can be treated as an
employee of a UK company.
2. H-1 or
L-1 is needed ONLY if an employee wishes to work within USA.
When an employee will work for example in UK, you must consult
British laws to decide what kind of work authorization will be
needed in UK. IF THE EMPLOYEE IS A BRITISH CITIZEN HE CAN OF
COURSE EASILY WORK FOR A US COMPANY.
Also, if the employee's application for
green card is pending, that can continue without interruption.
Note, however, that if the application is in the I-485 stage
(last step) some special permissions from USCIS (INS) may be
required
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q19 |
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I am currently on L1 visa for the last 6
months. I would like to know if it is possible to convert from
L1 to H1 visa? If it is possible, should one leave the country
and re-enter with the new stamp and can one start working
immediately on filing H1? |
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A19 |
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It is possible if you
otherwise qualify. If you are maintaining appropriate status,
you can convert without leaving USA
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q20 |
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a.I am on L1 and working in Baltimore. My
spouse has got his L2 and we would like to apply for his work
permit. I have some doubts about it. Since we are in
Baltimore, where should his application be filed?
b.Will his work permit status be
independent or will it be dependent on my L1 status. Please
clarify. |
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A20 |
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a.His application
should be filed with Vermont Service Center
b.The L-2 status is dependent on the
L-1 status of the principal visa holder
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q21 |
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I am on L1A and it expires in Dec 2002.
If I convert my L1A status into H1-B , do I get additional 6
years. If not , then does the rule of 365 days , i.e. if Labor
is filed [ for L1A holder ] and it is 365 days since then,
applies ?.Will I get an extension?
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A21 |
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H-1B and L-1 times are
counted cumulatively. You will not get additional time by
switching.
(Posted on 04 November
2002)
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q22 |
|
I am currently holding an L-1 visa. If I
decide to apply for a greencard, what are the steps I need to
follow? Does L-1 visa holders have to go through the Labor
Certification process? |
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A22 |
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L-1A holders can skip
the labor cert, but L-1B holders usually cannot.
(Posted on 25 November 2002)
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q23 |
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1) Is there any difference between
transferring H1 B visa from employer A to employer B H-1 B and
transferring L-1 from employer A to H1 B for employer B. I
know L-1 can be converted to H1, but I would like to know the
difference?
2) I have holding
L-1 visa for employer A. If visa has been expired, but my 1-94
is valid, is still possible to transfer this L-1 to H-1 B for
another employer without going outside USA?
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A23 |
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1) L-1 can be
transferred to employer B only if your job with them qualifies
for the L category (for example, you have worked one year
outside USA for employer B).
2) I-94 governs status, not visa. So
yes, if you have otherwise maintained status, you can
apply.
(Posted on 27 March 2003)
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q24 |
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I would like to know that in case of L1
visa , If one received an RFE (request for evidence or
information ), after submitting the RFE , does the case
processing time is same like new case or the decission comes
faster then normal processing time?
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A24 |
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Usually, it comes much
faster.
(Posted on 11 April 2003)
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q25 |
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I have been granted L1-B visa and I have
been offered a package of $400 per week by my US Company. I
work at India subsidary of this US company. Now my question is
can I keep on getting my regular salary from Indian Company(
which will be deposited in my bank account in India) in
addition to the package of $ 400 per week which I will be
getting during my stay in the
US? |
|
A25 |
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Sure you can. There is
no problem being paid in two countries on an L-1.
(Posted on 25
April 2003)
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q26 |
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If a L1-B worker (specialist) comes to US
to work for an employer and then subsequently resigns from the
job due to Personal Priorities, is the employer liable for
his/her air-ticket/travel expenses back to her/his country
where she/he came from? |
|
A26 |
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No. Unless there is a
contract to the contrary, an L visa does not impose these
requirements on employers. You are on your own.
(Posted on 24
June 2003)
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q27 |
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I have a question on filing application
for my child's passport who is born in the USA two months ago.
I am confused about the documents that I have to submit with
the application. Also please guide on which form I can use. I
am a L1 visa holder.Is personal appearance necessary or can I
get it done through mail as
well. |
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A27 |
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The best thing to do is
to just go to a US Post Office. They carry passport
applications and information.
(Posted on 04 August 2003)
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q28 |
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1.I am on an L1 and my wife is on L2 can
she start a business of her own?
2.What if our visa status changes to H1
and H4 will she be able to continue with her
business? |
|
A28 |
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Yes.
No.
(Posted on 25 August 2003)
[Index] [Compiled by Law Offices of Rajiv S Khanna]
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Q29 |
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Is there any criteria like a L2 Spouse
after coming to the US, should complete X number of months
before applying for Work
Authorization. |
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A29 |
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There is no limit.
(Posted on 21
January 2004)
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
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Q30 |
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I have gone through your site's FAQ on L1
visa already and understand that L1 to H1B conversion is
possible. But given the H1B cap of 65000 and the chances of it
getting filled up by March,2004, I am concerned whether I
should apply for this conversion before March ? In other
words, is the cap on new H1 visas, applicable to L1 to H1
conversion? |
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