L-1 Visa FAQs

  1. What is an L-1 blanket petition?

An L-1 blanket petition allows employers to transfer multiple individuals to L-1 status without filing separate cases for each one. It is designed for companies that frequently move employees between their foreign and U.S. branches, subsidiaries, or affiliates.

  1. Are there specific requirements for filing a blanket petition?

To qualify for a blanket petition, the U.S. company must have at least 1,000 employees, three or more domestic and foreign branches, and have sought at least 10 L-1 visas in the past year. Additionally, the combined organizations under the company's corporate umbrella must have an annual revenue of at least $25 million.

  1. Is there a minimum number of onsite subordinates required for an L-1A extension?

There is no specific minimum requirement for onsite subordinates. The evaluation by USCIS will focus on the nature of the positions being supervised and the job duties of the L-1A manager. The level of the professionals being supervised is more important than the number of subordinates.

  1. Will a misdemeanor conviction for DUI affect obtaining an L-1 visa?

Any DUI conviction within the last five years will lead to a referral to a physician during the visa interview to assess if there are substance abuse problems. This may result in a delayed visa approval.

  1. I have been on an approved leave of absence during the L-1B blanket visa application process. How important are paystubs for the visa interview?

While a three-month gap in employment does not disqualify you, be prepared to explain the gap during the consulate interview. Paystubs may be requested as supporting documentation.

  1. Can I apply for an EB1(c) green card if I switched from L-1B to L-1A status?

To be eligible for an EB1(c) green card, you must have held a managerial or executive position with the sponsor company outside the U.S. for at least one year. The nature of your L-1B and L-1A employment will determine if you meet this requirement.

  1. I worked on L-1B status for several years and then left the U.S. Can the L-1B time count against the 6-year limit for H-1B?

To reset the H-1B clock, you need to have been outside of the U.S. for at least one year at the time the H-1B case is filed. If not, the time spent on L-1B will count towards the 6-year maximum for H-1B.

  1. Will an approved I-140 allow me to extend my L-1B status beyond 5 years?

No, having an approved I-140 does not permit you to extend your L-1B status. Consider changing to H-1B status, which may grant an additional year.

  1. If an L-1B visa is denied, how long do I need to wait before applying for an F-2 visa?

An L-1B denial does not disqualify you from applying for an F-2 visa. There is no waiting period, and the filing requirements for each category are different.

  1. Can I switch to H-1B after being in L-1A status for less than six years?

Switching to H-1B is possible, but keep in mind that L-1 time counts towards the 6-year maximum for H-1B. You would either need to go through the H-1B lottery or qualify as cap-exempt. Extension of H-1B time may be possible with an approved I-140.

  1. How long can I stay with my L-1 employer if I have an approved change of status to H-1B with a new employer?

Once your H-1B petition is approved, you should begin work with the new employer on the designated start date. You may remain with your L-1 employer during the period between H-1B approval and the start date, but after that, you must work for the H-1B employer.

  1. I'm in L-1 status with an approved I-140, can I change to H-1B without going through the lottery?

No, unless the H-1B employer is cap-exempt or you have been previously counted against the H-1B cap, you must go through the lottery. Having an approved I-140 does not exempt you from this requirement.

  1. Can I work for another business while maintaining my L-1 employment?

No, L-1 status only authorizes work for the L-1 employer. Any other employment, even if unpaid, is prohibited.

  1. Should I remain in the U.S. if I have 5 months left in my L-1 status and my employer will sponsor me for an EB1 green card?

The decision depends on the strength of your EB1 case and whether premium processing is available for the I-140. If there is no premium processing, it is recommended to have your EB1 case evaluated by an attorney and consider filing the I-485 concurrently with the I-140.

  1. I'm in L-1B status with an approved I-140 (EB2). Can I extend my status under AC21?

AC21 extension provisions apply only to H-1B status holders. There are no comparable provisions for L-1A or L-1B categories, which are capped at seven and five years, respectively.

  1. I have an approved L-1 blanket petition, but my work requires me to be outside of the U.S. for more than a year. Does this affect my visa?

No, your visa is not impacted as long as the work you are doing outside the U.S. aligns with what was specified in your L-1B petition.

  1. I'm in L-1 status, can my dependents work in the U.S. if they are in L-2 status?

Yes, your spouse and children under 21 in L-2 status may seek employment authorization and work in the U.S. as long as you maintain your L-1 status.

Contact Us Today

We serve clients throughout the United States including New York and New Jersey and in the following localities: New York City; Albany County including Albany; Dutchess County including Poughkeepsie; Erie County including Buffalo; Monroe County including Rochester; Nassau County including Mineola; Onondaga County including Syracuse; Orange County including Goshen; Putnam County including Carmel; Rockland County including New City; Suffolk County including Riverhead; Ulster County including Kingston; Westchester County including White Plains; Bergen County including Hackensack; Essex County including Newark; Hudson County including Jersey City; Middlesex County including New Brunswick; and Union County including Elizabeth. Attorney Advertising.