Most adjustment of status applicants are required to obtain a grant of advance parole prior to departing the United States in order for the adjustment of status application to not be abandoned. However, in recognition of the fact that both the H-1 (H1) and L-1 (L1A and L1B) nonimmigrant visa categories recognize dual intent, in that it is permissible to apply for adjustment of status and remain in the United States on lawful H or L status, the rules regarding travel and H1 and L1 status are unique.
The L1B visa nonimmigrant visa category is for intracompany transferee specialized knowledge workers. It allows an overseas company to transfer a foreign specialized knowledge worker to a related U.S. company to work in a specialized knowledge capacity. L1B visa requirements include submitting evidence of the beneficiary’s foreign employment, the proposed employment in the USA, and the relationship between the foreign and U.S. company. A “new office” may act as an L1B visa petitioner. L1B visa status may be granted for an initial period of 3 years. A person in L1B visa status may receive a 2-year extension of stay, but may not be on L1B status for more than 5 years in the aggregate. The spouse or child of an L1B visa-holder may be eligible for an L1B dependent visa (L2)
The primary nonimmigrant classification for investors and entrepreneurs is the E-2 (E2) Treaty Investors classification. However, provided that the requirements are met, an alien seeking to enter the United States as an investor or entrepreneur may instead apply for an H-1B (H1B), L-1 (L1A or L1B), or O-1 (O1) visa. This is especially important for investors and entrepreneurs who are not nationals of a treaty country in order to qualify for an E2 visa. However, because the H1B, L1, and O1 classifications all require an “employer-employee relationship” both in order to obtain a visa and to maintain status, investors and entrepreneurs may have difficulty meeting the requirements for those classifications where they have a significant ownership stake in the petitioning entity. This article will address special considerations for investors and entrepreneurs seeking to obtain one of those three nonimmigrant employment visas.
The North American Free Trade Agreement (NAFTA) allows for a citizen of Canada to present a completed L1 visa petition to Customs and Border Protection (CBP) in lieu of having the petition filed in advance with a United States Citizenship and Immigration Services (USCIS) Service Center. This allows the petition to be adjudicated in conjunction with an application for admission. A Canadian citizen who is admitted in L1 status through this procedure will be admitted without having to obtain an L1 visa.
This article will provide an overview of the requirements for eligibility for an L1B Intracompany Transferee Specialized Knowledge Visa. The article will discuss eligibility requirements specific to the L1B (L-1B) visa, situations that may arise when an L1B beneficiary is working offsite from the petitioning employer, and rules for maintenance of and/or change or adjustment from L1B status.
Certain qualifying petitioners are eligible to file an L1 visa blanket petition, wherein the petitioner may apply for blanket approval of many L1A and L1B visa beneficiaries. These articles will explain the eligibility requirements for L blanket petitions and the L blanket petition procedure.
The L1 nonimmigrant visa category is for intracompany transferees. A qualifying organization (for L1 purposes) may petition to transfer an employee from overseas to a parent, branch, subsidiary, or affiliate in the United States. There are two categories for beneficiaries. L1A visas are for persons who will work in a managerial or executive capacity and L1B visas are for those who will work in a capacity that involves “specialized” knowledge. In addition, certain relatives of L1 visa beneficiaries may be eligible for derivative L2 visas. This article will provide an overview of general requirements for L1 and L2 petitions.