If your employer is subjected to supervised recruitment or an audit, this can potentially extend the PERM processing time to two years. The EB-5 visa is a great alternative if you have the necessary capital and the business you invest in creates a minimum of 10 full-time jobs for domestic workers. The difference in invested level required is based on whether the area you invest in is considered economically depressed; either a high unemployment or a rural Targeted Employment Area . Because the L-1B is a work visa, we’ll take a look at the employment-based green cards that would be available to L-1B visa holders.
Dependent children may not obtain an EAD under the L-2 status. l1b visa requirements on L-2 Visas are allowed to work in the open job market in the U.S. after filing an I-765 Application for Employment Authorization Document with the USCIS and getting it granted. Because the EB-2 Visa was created for people who hold an advanced degree or possess exceptional abilities, the stakeholders must prove that the candidate has those qualifications and that the job requires them. An executive is defined as a person who has a great deal of oversight and decision-making responsibility within the organization. Our attorney starts by reviewing your case thoroughly, advisingyou on the most appropriate way to receive a Green Card, and ensuring that you meet the criteria for the visa of your choice.
In addition to the aforementioned limitations, the L1 visa is becoming increasingly challenging to obtain for ordinary companies. For example, blanket filing of requirements for many employees, for example, are only available to large multinational companies due to the costs required. If visa renewal requirements are met, the USCIS can extend the L-1A visa status for another two years. This organization can provide two extensions for this visa, so you can stay and work in the US for another four years. So, you can stay in the US for up to 7 years under an L-1A visa; after that, you must return to your home country. In this case, the employer must file a Form I-129S to the USCIS.
Your own company is allowed to petition for you; you do not have to work for a large multinational. However, if your own company is petitioning you, then you must demonstrate that your time in the US will be temporary and you will return when your job is done. At this time, Executive Order 13788, Buy American and Hire American, that took effect April 18th of 2017, will affect the case. When deciding the L1 visa cases, the officer has to consider the spirit of the Executive Order, which is to create higher wages and employment rates for U.S. workers. The difference between the 2 is that the L1 has the requirement that you worked for the parent company for one year before applying; the E2 does not have that requirement.
The EB1-2 is one of the more sought after green cards because it has current priority dates and has a high bar for qualification as applications are carefully scrutinized. L-1-B visa is for specialized employees, who have essential specialist skills or knowledge. Immigration Attorneys at Xu Law Group represents immigrants and immigrant founded companies. Our areas of specialty include L-1, EB1C Visas, extraordinary ability Visas, and business law. Any time used during the H1b visa status will be counted towards the L1 visa clock.
Therefore, we went about advising the U.S. representative to put together a checklist that we then passed on to a professional business plan writer for elaboration. Within a few weeks, we were able to come up with a solid plan for growth as envisioned by the Company and this was the foundation for the L-1A Petition that followed. The USCIS sought clarification of the size and scope of the new Office and wanted to see capacity to grow. This was achieved by obtaining a letter from the current landlord showing growth potential and backed by a floor plan identifying areas to grow. The Petition was premium processed and approved immediately.
All other employees will be given an initial approval period of three years. The maximum initial timeframe for the L1B visa is five years, which is granted in increments of two years. L-1B visa holders may stay in the U.S. for a maximum of 5 years but may convert from L1B to L1A visa status, which increases their maximum stay to 7 years. The L-1A petition must be approved before the applicant has completed 4.5 years on their current L-1B visa. To qualify for an L1B individual visa, the employee must possess specialized knowledge of the organizations service, product, equipment, management, techniques, research, or procedures and processes. L-1B employees must also be members of their profession, including but not limited to lawyers, physicians, architects, engineers, and teachers.
After arriving in the United States, your spouse must apply for an Employment Authorization Document (Form I-765) with USCIS and pay the applicable fees. Must be coming to the U.S. to supervise other professional or managerial staff and/or direct and control the day-to-day operations. In addition, you should be aware that CIS requires all non-U.S. Citizens to carry their I-94 cards at all times and to inform CIS of any change of address. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date.
Foreign managers and executives who are based overseas can obtain an L1-A visa to work in their company’s US office. With their L1-A visa, these managers and executives can bypass the long, standard pathway of applying for a green card and instead utilize a faster process. This expedited pathway for L1-A visa holders is still complex and requires the active collaboration of the US employer.