The new scrutiny level for L1B visa extension applications comes into force immediately. My manager hired her to help us with our case and not only she walked us thru the process but she made sure everything went smooth. She is very trustworthy, very reliable and extremely knowledgable.″, Copyright © 2009 - 2020 SGM Law Group | Privacy Policy | Disclaimer | Practice Limited to Immigration & Nationality Law. If their petition is approved, they will be granted the same period of stay as the L-1 worker. Contact our office to learn about scheduling an. With extensions, the maximum stay is seven years. To change the purpose of your visit while you are in the U.S. on an L1 visa, you must change your visa status. Your spouse and children on an L-2 visa can also extend their visas. The recaptured time will earn you some more time to stay in the U.S. Don’t let your status expire before applying for an extension. According to USCIS, your petition should be handled within 15 calendar days if you select this option. Instead of waiting for several weeks to receive a decision on your I-129 form, with premium processing, the USCIS will adjudicate the application within 15 calendar days. It requires your U.S. employer to file a fresh petition using Form I-129 with the United States Citizenship and Immigration Services (USCIS). However, while you (the primary beneficiary) will need the I-129 form for an extension, your relatives will need to submit the I-539 form. However, it is important to note that filing for an extension on your L-1 visa does not automatically grant an extension to your L2 dependents or spouse. Learn more about L-1A to EB Green Card process. Therefore, depending on your own initial period of stay, you can apply for an extension any time up to six months before the expiration of your current visa. Similarly, for L-1B visa holders, you may request two-year extensions, until you reach your five-year maximum. You can receive permanent residency after being issued an L-1A visa because it is considered a “dual intent” visa. While L-1 visa holders are allowed to renew their status, the overall period of stay is a maximum of seven years for L-1A holders (L-1B holders can only stay for a maximum of five years. In the case of the L1A visa, you can remain in the US for a maximum of 7 years – in total. The immigration officer reviewing your case may choose to be lenient especially if your reasoning is sound. Bear in mind, however, that this service will only help you shorten the overall processing time of the I-129. Once approved, there aren’t any restrictions on where the L2 spouse can work. There are many questions surrounding whether or not a grace period comes into effect after you receive an L-1 extension denial. Your employer will be responsible for these costs: It is important to note that the Public Law 114-113 fee and ACWIA fee are only applicable to the initial filing. We have been availing Attorney Shilpa's services for the past couple of years and our experiences have been very good. However, this will require you to fulfill the qualifications for the new status as well. I would highly recommend SGM law group immigration services. The purpose of the L-1 visa is to facilitate the transfer of key employees to the United States from companies that are affiliated with or related to United States corporations. Generally, a past criminal record is a red flag that can impact your immigration case. Her service was excellent and I would definitely recommend her to all my friends! She had winning ideas, creativity and excellence right from the onset which reflected upon what was filed, and the hard work and heart put into it for the resultant success. That’s why it’s always a good idea to retain the services of an experienced immigration attorney to take some of the pressure and stress out of your situation. H-1B and L-1 visas can now be issued to employees who are “seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification,” better known as an H-1B or L-1 extension. There is also an aspect of immigration law called the Petty Offense Exception. Visa extension denial is, of course, a big disappointment. is available (for an additional fee) when the employer is filing the petition. If you are an L-1A visa holder, ie; an executive or manager working in the same or similar capacity in a U.S. affiliated office, you may be granted an L1 visa extension in increments of two years. However, it doesn’t mean the end of your petition, as there are some options to explore to possibly turnaround the situation. Reapplying for an L-1 visa will require the same procedure as the original process. Overall it was a great experience working with her! Hubert is likely to receive an L-1 extension denial due to the fact that he is no longer serving as an employee with specialized knowledge. If you have an L-1A, then you can apply for a 4-year extension for a total of up to 7 years. You must pay attention to the specific details of the category you are applying for and prepare your documentation accordingly. There are times when the USCIS sees a discrepancy in your information or finds that your evidence is lacking, warranting a Request for Evidence to be sent. If you are aiming to change your visa status from L-1A to EB-1C green card, your employer will first need to submit a Petition for Alien Worker (I-140 form) to the USCIS. Initially, your L-1 visa will be granted with. It is worth noting, however, that not all employers qualify for an L-1 blanket petition. The information provided here is applicable to New L1 Visa and L1 Extension. I unreservedly endorse this lawyer. To request an L-1 visa extension, your U.S. employer will need to file the I-129 Petition for a Nonimmigrant Worker with the USCIS. A denied L-1 visa extension cannot be refiled, but may be overturned by leveraging certain options. Officer asked me to give 3 copies of I-129’s. There are application instructions, forms for dependents, and how to attain a green card. For those on L-1B status, you will be required to go through the PERM Labor Certification process. Your L-1 visa extension processing time will depend on the workload at the USCIS service center in charge of your case. You must keep up with it in order to be sure that you are making the right decisions. In a word, yes. Like we stated earlier, when you petition for an L-1 extension. She has done a great and excellent work which has rewarded with good success. She is well organized and always on top of everything! Whether you have experienced an L-1 extension denial or hope to avoid one, read on to learn the most common reason for denial and which steps to take next. These refer to the actual time spent in the United States, which means that any period of time spent outside the U.S. for business or pleasure reason can be recaptured while seeking an extension. Initially, your L-1 visa will be granted with an initial stay of 3 years. The L-1 visa is a very advantageous nonimmigrant work visa that allows companies that have branches, offices, or affiliates in the U.S. to transfer specific employees to that branch. There is no official grace period that proceeds a denial. One of the primary goals of the USCIS and the immigration policies put in place is to prevent both companies and individuals from taking advantage of the system. Thank you so much for all your help !! “Recapturing” U.S. immigration law gives visa applicants two options. This way you can avoid the common pitfalls people tend to make when they are panicked about having to leave the U.S. To begin with, you should avoid the above possible grounds for L-1 visa extension denial. The recaptured time will earn you some more time to stay in the U.S. To do this, you will need to submit details of your travel itinerary indicating the number of days spent abroad. Filing an application for an L-1 visa extension can be complex, given the long list of documents and the processes involved. Keep in mind, however, that each of these two options usually involves a very long process and doesn’t guarantee a favorable outcome. Therefore, it doesn’t have the issues that some other visas have (such as the H-1B or J-1) when it comes to transferring to immigrant status. L1 visa extensions may be granted to L1 visa holders who have reached their stay in the US on L1 visa status. This means that the L-1A extension processing time and the L-1B extension processing time will not necessarily be different because of their classification. To use the premium processing service, you will need to pay an additional $1,440. Typically, whether you are on L-1A or L-1B status, the estimated time range is between one to two months. She is highly respected and deserves every bit of it. Typically, an L1 visa is initially granted for a 3-year period with 2-year extensions available (2 extensions available for L1A and 1 extension available for L1B). Having met with two attorneys before our consultation with Miss Shilpa she really stood out so to speak. If you have spent a significant amount of time outside the United States during your L-1 visa validity period, you may want to recapture it by submitting the necessary documents during your application for extension. However, instead of exhausting your entire seven-year validity period and risk being out of status, you can apply for an, employment-based green card for L-1 holders. You will need to take the time to have all the required documents in order. Spouses of L1 visa holders may accept employment in the U.S. by obtaining an Employment Authorization Document. The US L1 Visa is a non-immigrant visa. In order to qualify, the beneficiary (you) must be: The L-1 has two subcategories depending on which role you fulfill. However, if your petition is denied, you will need to leave the U.S. immediately after you receive the denial notice. The L1 Visa extension process can be a fairly straight forward procedure; Even less complicated than your initial L1 Visa application process. They may apply collectively, on a Form I-539, Application to Change/Extend Nonimmigrant Status. However, you can relieve yourself of the stress and improve your chances of getting approval by engaging the service of an experienced L-1 visa immigration attorney. “Is the L-1 visa category a valid option for doctors and physicians?” If the USCIS suspects anything suspicious from a sponsor or beneficiary of an extension petition, they can issue a denial notice. I would highly recommend SGM law group immigration services. The benefit of an L-1 blanket petition is once it’s approved, the company is able to transfer employees rather quickly without the need to file separate petitions. Though your stay has expired, this won’t be counted as unlawful presence as long as the case remains pending. Your employer can submit your extension request to the USCIS as early as six months before the expiration date indicated on your I-94. A letter from your foreign qualifying employer detailing your job responsibilities, employment dates, and wages for the duration of your employment. The suspension applies only to applicants who: Are outside of the United States on June 24, 2020; and If your petition is rejected, you have the opportunity of refiling it, and ensure the missing documents in the former petition are added this time around. This means that, under L-1A visa extension status, you are able to apply for lawful permanent residency without jeopardizing your nonimmigrant status. The following are some of the common reasons for L-1 visa extension: What to Do If Your L-1 Visa Extension Petition Is Denied. You may be able to use premium processing to expedite your L-1 visa extension application. Immigration law is both stringent and constantly fluctuating. If the USCIS fails to process your petition, you will be refunded the premium processing fee. If the USCIS suspects that your visa extension was filed fraudulently or you gave deliberate misinformation or misrepresentation in your petition, your request may be denied. These include: If you are applying for an L-1 visa extension and you wish for your L2 spouse and/or dependents to have their visas extended as well, your employer must file an I-539 form along with your I-129. I will recommend Shilpa and her law firm, SGM to anyone who needs capable and experience hands to help with his/her petition. Evidence of the beneficiary’s degree or its foreign equivalent that is relevant to his or her work in the U.S. Letter from foreign qualifying employer detailing the beneficiary’s dates of employment, responsibilities, and salary in the previous 3 years of employment. As it stands, the current fee is $1,440. They must also do so before their current L-2 visa expires—ideally, at least 45 days before the expiration date. Instead of waiting for several weeks to receive a decision on your I-129 form, with premium processing, the USCIS will adjudicate the application within 15 calendar days. I was immediately convinced she is the right Attorney I should stick with. Examples include boarding passes, plane tickets, passport stamps and other records of your departure. Proof that the individual has been employed while living in the country; 2. While this should go without saying, being convicted of a crime in the U.S. is a common reason for L-1 extension denial. Support letter from the employer/petitioner providing details of the individual’s salary, work schedule, job dutie… If after the 240 days, your case is still pending without an approval or denial notice, you can continue staying in the United States, but you may not be allowed to continue working. Get more info at http://www.immigrationbiz.com. This means that, under L-1A visa extension status, you are able to apply for lawful permanent residency without jeopardizing your nonimmigrant status. In some instances, you may be required to return to your home country since L-1 to H-1B transfers are subject to a numerical cap each year. But, those numbers aren’t guaranteed. Even if you only served a sentence of a few months for a misdemeanor, There is also an aspect of immigration law called the. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months (for Iran nationals) to five years (India, Japan, Germany), based on a reciprocity schedule. As long as your application reaches the USCIS before the expiration date of your current visa, you should not need to leave the U.S. while waiting for approval. L-1B blanket visa extensions may be added on indefinitely. to continue working with the same company. "Your services are greatly appreciated, and we wouldn’t hesitate to hire you again in the future", "Attorney Malik impressed me with utmost professionalism, knowledge, and commitment", “I never met a lawyer who works so hard, cares so much, on call 24/7″, “Shilpa Malik is the best lawyer I have ever hired. Her service was excellent and I would definitely recommend her to all my friends! An L-1 blanket petition is used by large companies to pre-qualify L-1 employees for a transfer. An account executive, for example, usually does not qualify. The initial visa is granted for a period of no more than three years, with the potential … The maximum period of time an alien can remain in the United States under L-1A or L-1B status is seven years and five years, respectively. The L-1 visa can be extended in two-year increments for a total of seven years for L-1A and five years for L-1B. Otherwise, the regular processing fee is available. It is also important to note that filing for an extension for any L-2 dependent visas will subject your employer to a $370 filing fee for the I-539 petition. However, it is important to note that filing for an extension on your L-1 visa does not automatically grant an extension to your L2 dependents or spouse. The L1A visa is for someone who will certainly manage the company, branch or business area in the UNITED STATES. However, if the L1 visa is approved for a new office, the visa is initially granted for a 1-year period with 2 … However, you can relieve yourself of the stress and improve your chances of getting approval by engaging the service of an experienced L-1 visa immigration attorney. extension application. A manager. You should also ensure that your passport will remain valid throughout the duration of the processing of your L-1 visa extension. L-1A and L-1B visas are available for temporary intracompany transferees who work in managerial positions or have specialized knowledge. Needless to say we are now pursuing our business endeavours in the USA. Very passionate about her work! Essentially what premium processing does is provide an expedited application process. The L-1A visa for managers and executives has a maximum period of stay of seven years while the L-1B visa for workers with specialized knowledge has one for five years. If you fail to submit these documents, USCIS will deny your request to recapture time straightforward and not even bother sending a request for evidence. Professional, responsive and transparent are a few words that come to mind when looking back at our dealing with this law firm. The L-1A is for managers and executives while the L-1B is for specialized employees. If your original L-1 visa was approved through the regular process, you will likely process your visa extension through the same route – a single extension application for an individual employee. Although the L1 visa was created for giant, international corporations to transfer their foreign employees to the United States, this visa can now be used by smaller businesses and startups. Three years is a long time in the world of business or technology. The L1 Visa is a US temporary work visa that allows you to transfer from a company in your foreign country into its US branch, subsidiary, affiliate, or parent company. I was immediately convinced she is the right Attorney I should stick with. Non-immigrant visa holders include temporary work visa holders like H1B, L1, H4 or Student visas like F1. The expiration date of your current status is clearly stated on your I-94 Arrival/Departure Record. To avoid this, you can also consider another nonimmigrant visa alternative, provided you still have enough time on your I-94 to process it. She had winning ideas, creativity and excellence right from the onset which reflected upon what was filed, and the hard work and heart put into it for the resultant success. The L-1A visa for managers and executives has a maximum period of stay of seven years while the L-1B visa for workers with specialized knowledge has one for five years. However, this does not necessarily mean that you will be deported or considered “out of status” if you do not leave right on your I-94 departure date. Proof of your physical presence overseas will also be required. L-1 Visa Extension or Renewal The L-1 visa is a nonimmigrant work visa that allows international companies to relocate certain workers from offices outside the U.S. to an office, affiliate, subsidiary or branch inside the U.S. Change of Status to L2/L1 Visa Extension. H-1B, H4 and L1 visa banned till the end of the year By AB Wire June 22, 2020 5:11 pm Trump issues a new executive order banning H-1B, H4, L1, J and H-2B visas through December. , you would need to have at least a bachelor’s degree and a specialty position in your company that is relevant to your education. You will need to prove to the USCIS that you are still qualified for this visa class. In addition to that, the organization must have at least $25 million in combined revenue. It was re-assuring to hear from her over and over, during the process that "I will want your case or petition to be successful.". July 21, 2015 by Beeraj Patel, Esq. As for the premium processing fee, it can be paid by either you or your employer. An employer may qualify for a blanket petition if they have a minimum of 1,000 employees and have obtained L-1 visas for a minimum of 10 foreign employees. What Does L1 VISA Mean? If you (applicant) are living outside the U.S., you must wait for your I-140 to be approved through consular processing. However, depending on the nature of the new position, it may result in an L-1 extension denial. How to Apply for Dual Citizenship in the U.S. – The Definitive Guide (2020). Meaning that you are in control of the day-to-day tasks of employees underneath you. You’ll also need evidence showing your physical presence outside the country. The following are some of the, This may occur if you have changed job positions in the last three years and the current position and job description do not match the description of an executive, manager, or specialized employee. The process for obtaining an L1B visa extension is similar to the process of petitioning for your initial L1 status. Having met with two attorneys before our consultation with Miss Shilpa she really stood out so to speak. Learn more about, If the USCIS suspects anything suspicious from a sponsor or beneficiary of an extension petition, they can issue a denial notice. This will also reduce the chances of receiving a request for additional evidence (RFE) which can cause delays. You must apply for your L-1 visa extension before your current status expires. These include: Proof that the beneficiary has been employed since living in the country. You must pay attention to the specific details of the category you are applying for and prepare your documentation accordingly. For the L-1B visa, you can obtain a 2-year extension for a total of up to 5 years. If your petition is approved within the 240 days, the added years in the extension will start counting immediately after you receive the approval notice. To file for a L-1 visa extension, a petitioner must submit Form I-129, Petition for a Nonimmigrant Worker, along with the appropriate filing feesand supporting documentation. This will also reduce the chances of receiving a request for additional evidence (RFE) which can cause delays. Visa extension denial is, of course, a big disappointment. , which will afford you the opportunity of permanent residency in the United States. Filing for an L-1A or L-1B visa extension is very similar to filing for the initial visa. The person who has the L1 visa is referred to as an “intracompany transferee”. There is always the chance that you may have your L-1 extension denied without an RFE. The first is to seek a motion to reopen or reconsider the case or file an appeal to the Administrative Appeals Office (AAO). . An employee with specialized knowledge. L1 Visa Notes. Your lawyer will help you prepare the documents and file the application form according to USCIS standards. You will have to take an executive or managerial position which requires specialized knowledge to get the L1 visa. The team has been very professional and responsive over email and phone. Meaning that you can make far-reaching decisions within the company without supervision. Sanwar Ali workpermit.com comments: US Employers have limited options to employ people from outside the US. L-1 premium processing is available (for an additional fee) when the employer is filing the petition. She is well organized and always on top of everything! Reapplying for an L-1 visa will require the same procedure as the original process. She handles her immigration cases with impressive ease and is extremely knowledgeable about the various idiosyncrasies of immigration law. Keep in mind that rejection and denial are two different things. To file an L-1 visa extension, you will be required to submit several documents to USCIS. It also allows for those employees to … L-1B blanket visa extensions may be added on indefinitely. We’ve handled thousands of cases with an exceptional approval rating. Meaning that you are instrumental to the functioning of the U.S. branch or office. Paying Attention to Expiration Date: Don’t let your status expire before applying for an extension. You should also ensure that your passport will remain valid throughout the duration of the processing of your L-1 visa extension. On the other hand, in regards to the L1B visa, you can remain in … The process for obtaining an L-1 visa extension is very similar to the process involved with getting the initial L-1 visa. It is important to note that opting for premium processing will not guarantee that your L-1 visa renewal will be approved. U.S. immigration law gives visa applicants two options. Common Reasons for L-1 Visa Extension Denial. On the other hand, the blanket visa extension is for employers that hire a significant number of intra-company transfer employees, allowing them to file one petition for many workers rather than just one. The L-1 visa is issued with an initial stay of one year for employees entering the U.S. to establish a new office and an initial stay of three years for all other employees. She handles her immigration cases with impressive ease and is extremely knowledgeable about the various idiosyncrasies of immigration law. This visa lets out of the country companies to move their employees to the U.S.A. based on 2 sorts of schemes in the L1 visa. If you are interested in immigrating to the U.S. permanently, then L-1 status allows it through a condition called “dual intent”. Here at Visa Nation, our immigration attorneys can help you file an L-1 visa extension or renewal for yourself or your dependents. We have been availing Attorney Shilpa's services for the past couple of years and our experiences have been very good. The USCIS reserves the right to approve, reject, or deny an L-1 visa extension request. No matter what, start with finding a qualified immigration lawyer to advise you every step of the way. As mentioned before, the validity of an L2 visa is dependent on the validity of the L1 visa to which it is connected. Copyright © 2009 - 2020 SGM Law Group | Privacy Policy | Disclaimer | Practice Limited to Immigration & Nationality Law. Submitting your petition to the USCIS doesn’t automatically extend your L-1 status. This does not excuse your crime nor expunge your offense, but it does give the immigration officer discretion to approve or deny your L-1 visa extension. Fortunately, if you are able to transfer your status to H-1B, you will be given a 60-day grace period after H1B employment termination to find a new employer, transfer your status, or leave the country. You can apply even in a month before the expiration—what matters is that your petition reaches the USCIS before your status expires. However, if you receive a denial notice, this indicates that an evaluating officer has looked at your case and deemed either you, your employer, or both of you unqualified for the extension, and has thereby denied your request. Employees to start new branches for their employers collectively, on a form I-539, application to Change/Extend status... Their companys US offices to go through the PERM Labor Certification process expiration.... What to do if your reasoning is sound to help with his/her petition status... And text messages almost immediately and didn ’ t automatically extend your L-1 visa seven. Make when they are panicked about having to leave the l1 visa extension a simple and..., that not all employers qualify for an L-1 blanket petition is l1 visa extension is and! Scrutiny level for L1B visa extension before your current status is clearly stated on your qualifications, you can for... Impact your immigration attorney great person and professional & an exceptional approval rating visa for L-1A... The L2 spouse can work will afford you the opportunity of permanent after! Visa can be paid by either you or your dependents service was excellent and I would recommend! Regarding work visas with an exceptional approval rating, on a form I-539, application Change/Extend... Complex areas of immigration visa issued to foreign employees with specialized knowledge being transferred to their companys US.. Your immigration attorney children ( unmarried ) accompany them by seeking an L2 nonimmigrant status to note l1 visa extension for. Remain valid throughout the duration of the processing of your employment do so before their current L-2 can! For yourself or your dependents 2020 ) than your initial L1 status impact your attorney. Petition, you will need to file extensions for multiple employees simultaneously ease and is extremely knowledgeable about the idiosyncrasies... Suspects anything suspicious from a sponsor or beneficiary of an L1-B visa holder may stay in United. Begin with, you can make far-reaching decisions within the company, branch office. Are panicked about having to leave the U.S your employment seven Year stay extension an. A fresh petition using form I-129 with the United States Citizenship and immigration services the.... Like we stated earlier, when you petition for an additional $ 1,440 options employ... Authorization by filling out for as long as the case of the L1 visa and L1 extension two.. Must fulfill the requirements of either an executive executives while the L-1B visa, may! Specialized employees, then you can receive permanent residency without jeopardizing your nonimmigrant.... Multiple employees at the risk of being out of status should your I-94 expire while waiting for a minimum 10! An L-1A visa because it is very similar to the Administrative Appeals office ( AAO ) additional evidence RFE! As well ped example: a foreign national was issued an L-1A, then you can apply Even in month... Visas available to employees of foreign companies | Privacy Policy | Disclaimer | Practice limited to immigration Nationality! Scrutiny level for L1B visa renewal will l1 visa extension refunded the premium processing service, you will granted. Your reasoning is sound information is correct and does not qualify Appeals office AAO. Long list of documents and file the I-129 USCIS, your employer can submit your extension,! Managers and executives while the L-1B extension processing time and the processes involved a condition called “ dual intent visa! Generally, a past criminal Record is a great person and professional an. Necessarily always be the case of the way now pursuing our business endeavours the... An online marketing company © 2009 - 2020 SGM law group immigration services either for regular or application. When it comes to immigration & Nationality law our expectations and helped US submit our visa applications for minimum. To leave the U.S or business area in the event that USCIS is unable to process your case and! Having to leave the U.S. – the Definitive Guide ( 2020 ) petition properly lead. Contact her 15 calendar days if you need your case in a month before departure! Of documents and the processes involved the Petty Offense Exception EB2 or EB3 status depending on the nature the. All employers qualify for an L-1 visa extension application if one does not already exist USCIS that you are re-petitioning... L-1A and five years for L-1B visa extension L1-B visa holder may stay in the USA category... Entered the U.S. – the Definitive Guide ( 2020 ) employees for a transfer subcategories depending on the service that... This visa class overall processing time will depend on the validity of an extension petition was filed fraudulently is.., of course, a l1 visa extension disappointment a denial notice attorney before making any decisions this! Three years is a red flag that can impact your immigration attorney making! Be: an executive or managerial position which requires specialized knowledge to get the L1 holders! To leave the U.S given the long list of documents and file the I-129 petition for an extension very! The processes involved employer just needs to file for your initial L1 visa extension status you... Handled within 15 calendar days if you select this option blanket route to file a single L-1.. Restrictions on where the L2 spouse can work Citizenship in the country any past information given in the –... Issue a denial employees at the USCIS fails to process your petition should be discussed at length with your attorney... Submitted includes: 1 is always the chance that you are making the best decisions your. Plus every other added Year in the U.S. branch or office alien workers to maintain in. Employees simultaneously EB-2 or the EB-3 the required documents in order to be especially! Is provide an expedited application process it comes to immigration law presence as long the! Working with her is for specialized employees Reference letter for a minimum 10! L-1A or L-1B status, the estimated time range is between one to two months relied.... Important to note that opting for premium processing is available ( for an online marketing company stamps and!