Administrative processing times vary based on individual circumstances. Learn what it means to be placed in “Administrative Processing” and the steps that can be taken to move the case forward. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. The office of Mr. Peter did a great job preparing and submitting my application for a green card. During my interview, the immigration officer said “your lawyer submitted a well prepared application”. Thanks to Mr. Peter and his assistant Jen’s professional work.
For example, suppose a foreign firm does not already have a patent office in the United States. The L1B Visa might allow it to set up a subsidiary, affiliate, or branch office. The L1B visa allows the foreign company to send an employee to establish a new office in the United States. Partners and children of both L1A and L1B VISA holders may accompany them to the US on a L2 VISA. This is in contrast to work visas such as the J-1 and TN visa classifications through which pursuing a green card would violate your status and possibly incur consequences with the USCIS.
All in all, your documents should serve to prove that you satisfy all the requirements outlined in Step 2 and that your employee meets the requirements outlined in Step 1. This is only applicable when an L1 is moving to the US to open your new office. After this period they need to prove that they have an active office by hiring additional employees, fulfilling contract orders, having a revenue stream, or holding inventory, in order to extend their L1 visas. l1b vs h1b means the L1 visa only works for companies that have existing offices out of the U.S. from where they can transfer an employee to a U.S. branch.
Doing business does not entail being present as an agent or office in the United States or abroad. To be considered a business, the employer must provide the service regularly, organize, and continuously. The employee must have worked for a qualifying company in one of the previous three years while overseas for at least a year. Employers must submit a Labor Condition Application online using the iCERT Portal System to gain approval from the US Department of Labor.
For example, if Facebook wants to employ foreign workers from India using an H-1B visa, it can only hire candidates with a bachelor’s degree or equivalent. On the other hand, the H-1B visa is used by companies to hire foreign workers in specialized occupations. Further, the H-1B is also used by applicants who wish to pursue a graduate degree or higher in the US. Just like the H-1B visa, dependents of L1 visas are offered additional privileges. An H1B employer must attest in the LCA filed with the Department of Labor that it will pay the required wage to the H1B worker for the duration of the authorized period of employment. When Martin made inquiries with his peers to identify a suitable visa category in this situation, he came across the H1B and L-1 visa categories.
In order to win the case we need to show the company requires your services. The Form I-129 with L supplement must be filed by the employer/ petitioner at the USCIS Service Center with jurisdiction over the place of employment of the foreign national employee . Instructions accompanying the Form I-129 specify the documentation that must be submitted to USCIS to support the petition. For those on L-1B status, you will be required to go through PERM Labor Certification process.