First, most of these visa holders may remain in the United States for up to five years. However, employees who have been transferred to the U.S. for the purposes of setting up a new branch office may only remain in the country for a single year. Once this initial period has expired, they must leave the U.S. or reapply for a new visa. In addition, employees of particularly small companies may not be eligible to obtain these visas. Employers that lack three or more U.S. offices are required to obtain other forms of entry clearance for transferred employees.
This is a matter for an employment lawyer in the state where you are working. The L1 visa is only for intracompany transfers to the US from an overseas affiliated company. The beneficiary possesses knowledge that is particularly helpful to the competitiveness of the petitioning organization. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here.
An L-1A visa holder also has the option of filing in person by scheduling an interview at a U.S. consulate or embassy in their home country. The consular interview process can be quicker and less expensive than filing in the U.S. However, l1b vs h1b should consider the additional travel expenses and other costs of returning home. To obtain an L-1 Visa, employers must file an I-129 Petition for a Non-immigrant Worker to the United States Citizenship and Immigration Services on behalf of the foreign nationals whom they wish to be allowed to work legally in the U.S. Lastly, our attorney will review all your documents, prepare an I-485 application form for receiving a permanent resident status , file it with the USCIS, coach you for an interview, and accompany you if necessary.
An L-1 nonimmigrant may change status to another classification (including but not limited to H-1B or F-1), but may not commence services or activities under the requested classification until USCIS has approved the change of status. Changes between the H-1 and L-1 classifications count the United States duration of stay under the old classification toward the maximum stay allowable under the new classification. Spouses and minor children of L-1 nonimmigrants fall under the L-2 classification.
Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional. While in the process of adjusting your status to “permanent US resident”, you may face severe consequences if you travel outside the country without the advance parole. Similarly, you may be unable to return to the United States and your applications may be denied. If your green card is nearing its expiration and you are a regular permanent resident, you may renew your green card for a fresh 10-year period. However, if you are a conditional permanent resident, you are ineligible for renewal.