6 FAQs on L-1 Visa

L-1 Visa - Kazmi & Sakata Attorneys at Law

The L-1 visa is a popular nonimmigrant visa for employers to recruit skilled foreign workers. As with most US visa programs, there is a great deal of confusion about how L-1 visas work and when they are appropriate. Kazmi & Sakata Attorneys at Law share six common questions about L-1 visas for employers and workers.

Q1. How is the L-1 visa different than the H1B visa?

The L-1 and H1B visas are both nonimmigrant visas highly sought after by employers who want to recruit talent overseas. Unlike the L-1 visa, H1B recipients must have specialized knowledge in their field with at least a bachelor's degree. The L-1 visa does not have an education requirement. Only a multinational company can qualify for L-1 visas whereas any US-based company qualifies for an H1B visa. Another significant difference is the maximum duration of stay: six years with an H1B visa and up to 7 years with an L-1 visa.

Q2. Can a spouse work in the U.S. with an L-1 visa?

One of many benefits of the L-1 visa is a spouse will be eligible to work in the United States. While children cannot work under an L-1 visa, they can attend public or private school.

Q3. Can I transfer jobs under an L-1 visa?

Your L-1 visa can remain valid as long as you work with the same company in one of their branches or an affiliated company, otherwise you need a new visa. You will be required to notify USCIS of your transfer.

Q4. Can I change an L-1 visa to an H1B visa?

There are several advantages to an L-1 to H1B status change. The process is more simple than other status changes and you can remain in the US on your L-1 visa if your application is denied. This move also allows you to change jobs. If you are currently working under an L-1 visa and wish to switch to an H1B visa, you will need to get an H1B sponsorship job offer with a US company that can apply and file your application. The H1B season starts in April and is run as a lottery system.

Q5. What is the processing time for an L-1 visa?

It typically takes 2 to 5 months for an L-1 visa to be processed. With premium processing, the L-1 visa can take about two weeks. USCIS offers premium processing with a guarantee of processing within 15 days with a fee of $1,225.

Q6. What if I am fired or laid off while working under an L-1 visa?

An L-1 visa has no grace period and you will be out of status right away. You will need to quickly find an employer who can sponsor an H1B visa or other nonimmigrant visa to remain in the US or return to your home country.

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