L1 to H1B Change of Status The Only Guide You Need Herman Legal Group

The company must be engaged in providing services, or offering the production or sale of products from its offices within the U.S. A mere presence of the company as a business agent does not qualify the employer to file for an L1B visa. The L-1B visa allows a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. The L-1B allows a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee. The L-1B Visa nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.
For more information about Goel & Anderson’s L-1 visa services, please contact us to schedule an in-person or telephonic consultation. Specialized knowledge would be a proprietary knowledge that would be difficult to impart to another without significant economic inconvenience. Specialized knowledge is a knowledge that can be obtained only through experience with that employer, such as experience with proprietary software or methodologies unique to the company, which is also important to the competitiveness of the company.
If USCIS fails to meet its 15-calendar-day guarantee, it will refund the additional filing fee but will continue to process the petition expeditiously. Once the petition is approved, qualifying individuals may apply for L visas directly at the U.S. Consulate that has jurisdiction over their place of residence.
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. l1b visa is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years , based on a reciprocity schedule. Submit the required evidence and supporting documentation (this includes a duplicate copy of Form I-129 and all supporting documentation (even if they are filing the Form I-129 to seek a change of status or extension of stay on your behalf). As we’ve stated before, it’s never a good idea to go into something as complex as immigration law without an experienced guide and helper. Retaining an immigration attorney can help make sure that each step along the road from an L-1B visa to a green card is done right.
This is an important fraud deterrent–an appropriate indicator of the legitimacy of the managerial position. Therefore if the filings were to be combined after the beneficiary was in the promoted position would not meet the requirement that the beneficiary has been in the “position” for six months since the petition record would only reflect the original position. Therefore, with regard to a promotion at or during the last six months, premium processing would be the option. The employer must petition for the L-1 employee; an employee may not self-sponsor for an L-1 visa. Citizenship & Immigration Services, proving the qualifying relationship and prior experience, as well as the executive/managerial role or specialized knowledge role proposed in the U.S.
Would only be required to pay the remaining $300 of the reciprocity fee if the visa is issued. Conversely, if an applicant’s reciprocity fee was $400 and they paid the $500 fee, they would have no further reciprocity fee obligation if the visa is issued. You must determine the validity dates for the I-129S petition. By mandating a preliminary petition, Congress placed responsibility and authority with DHS to determine whether the requirements for L status, which are examined in the petition process, have been met. The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected.
Each of these 3 categories of EB-3 applicants has its own requirements. National Interest Waiver is a provision under the EB-2 green card which has a different process from the regular EB-2 visa. Getting a National Interest Waiver means that the requirements to find a U.S. employer and PERM labor certification processing will be waived for qualified applicants. This means you can sponsor yourself by submitting your petition directly to the USCIS without being sponsored by an employer.
Even though we have decided to temporarily close our office for the safety of our staff and clients, the attorneys at our firm will continue to be at your service. Our office team will continue to work remotely during this unfolding coronavirus pandemic. We will be available to address our clients’ needs outside of normal working hours to take immediate action, if necessary. Spouses and children of the L1 visa holder may obtain an L2 visa to enter and remain in the US. Your employer must have a branch or affiliate office in the United States.
EB-2 and EB-3 applicants are also required to obtain a Labor Certification from the U.S Department of Labor. If you have an L1B work visa immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
These visa holders are subject to the same restrictions as the individual who sponsored them. Dependents may also enroll in school while in the U.S., but they need a work permit to serve as employment authorization for working in the United States. All material contained herein is for informational purposes only.