Unless the petition employer has an approved “Blanket L” petition, an L-1B petition must be filed with USCIS. If the petitioning employer has an approved Blanket L petition, an applicant may present his or her application directly at the U.S. Embassy or Consulate without first filing a petition and securing approval from USCIS.
Spouses and children under 21 of L-1 visa holders can join them in the U.S. The dependents of the L-1 visa holder are granted L-2 visa status. To qualify for an L-1B visa, the applicant must have worked with the company in a capacity that requires specialized knowledge for at least one year in the last three years. If the L-1B holder’s duties change, or he or she is transferred to another employer while on an L-1B visa, the L-1B visa holder can file an amended petition. If using a blanket L-1 visa, the applicant must be a specialized knowledge professional.
When to Apply Applications open on first business day in April Any time How to Apply Sponsoring company must submit form I-129 to USCIS. Applicant’s employer must submit I-129 form to USCIS, with documentation to show the U.S. company and foreign parent, subsidiary, affiliate or branch meet qualifications. $2,000 $825, and possibly $2,250 additional Restrictions for Spouse Uneligible to work or apply for EAD on H-4 (as dependent of H-1B) visa.
This was a requirement in prior memoranda, but USCIS says that while such comparisons with other employees may be useful, such knowledge need not be narrowly held within the company. Multiple employees within a company may possess the same specialized knowledge and the mere existence of other employees with a similar knowledge should not, in and of itself, be a ground for denial. The beneficiary’s claimed specialized knowledge normally can be gained only through prior experience with that employer.
This immigrant visa is designed for people who possess exceptional ability in their field or hold an advanced degree in that field. To qualify for difference between l1a and l1b -2, you need to have a job that clearly requires either your exceptional ability or your advanced degree. Speak with your immigration attorney to learn what evidence qualifies you for this green card.
The information contained in this Web site is general in nature and subject to change at any point in time. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process. L-1 visas may be granted for an initial period of up to 3 years and may be renewed for a maximum of 7 years for an L-1A and a maximum of 5 years for an L-1B.
Nonetheless, there are some exceptions to the rule, allowing certain L1B employees to change their status, in this way, changing their employers as well. Usually, when you are applying for a visa, you are required to pay a processing fee. For blanket petitions, you have to file form I-129S accompanied by two copies and three copies of form I-797. When establishing a new office, the initial entry period is one year.