The L1B visa allows the foreign company to send an employee to establish a new office in the United States. An L1B visa holder may be eligible for an expedited green card in the EB-1C category if he or she was in a managerial or executive role before coming to the U.S. and is being sponsored for an executive or managerial position. Changing status from L-1B to L-1A would be a good strategy because the employee will be entitled to a 7-year maximum stay on L-1A as compared to 5-year stay on L-1B. The petition for change of status to L-1A from L-1B can only be filed after being employed at least six months in a managerial or executive capacity. L-1A may also pave way towards a quicker route to Green Card. There’s also theE-B4 Green Card, which is available to religious workers and translators, and theE-B5 visa, which caters to foreign nationals interested in investing significant capital in the U.S.
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When Martin made inquiries with his peers to identify a suitable visa category in this situation, he came across the H1B and L-1 visa categories. While most suggested an H1B transfer for a quicker process, a few suggested the L-1 to avoid prevailing wage requirements, leaving Martin thoroughly confused. It’s important to note that the foreign national needs to only meet one of these standards. The Beneficiary must either have special knowledge OR advanced knowledge. Specialized knowledge does not apply to persons who have general knowledge or expertise, which enables them merely to produce a product or provide a service.
No person or business should attempt to navigate the process without expert legal advice. There are many ways to get lost in the system, but there are also many ways an expert Immigration Attorney can leverage the system to the advantage of their clients. An applicant’s spouse and their minor-age, unmarried children are eligible for an L-2 visa. An L-2 is valid for the same duration of stay as the spouse/parent holding either L-1A or L-1B Visa.
Once the prospective employee has been approved for an L1 visa, they will either Consular Process for a new visa through a U.S. difference between l1a and l1b or change their status stateside, if currently residing within the United States. If the U.S. employer continues to seek the services of the L1 employee, they may file an extension. Many H-1B and L-1 visa holders that seek a change of status go home while their application for change of status is pending.
There are some people, both US Citizens and foreign nationals, who mistakenly believe that admission to the USA on a US B1 Business visa satisfies the legal requirements for travel and employment authorization pursuant to US Immigration law. In fact, nothing could be further from the truth as employment authorization must be explicitly granted to those entering the USA. The required documentation for an L1 visa will focus on the qualifying relationship between the US and foreign company, the employee’s job duties outside of the United States, and the employee’s proposed job duties in the United States.