A Comprehensive Guide to
L-1B Visas
Unlocking Opportunities for Global Talent Transfer and Specialized Expertise
Welcome to DeMine Immigration Law Firm. As a trusted partner in your journey to the United States, we are pleased to provide a comprehensive guide on the L-1B visa, tailored to entrepreneurs seeking immigration services. Our team, with a wealth of experience in facilitating successful visa applications, is here to empower you in understanding and navigating the intricacies of the L-1B visa process.
What is a L-1B visa and who is it for?
What is the typical timeline for the L-1B visa?
What is the cost for the L-1B visa?
What is the eligibility for the L-1B visa?
How to apply for the L-1B visa?
Frequently Asked Questions
Can a startup company apply for an L-1B visa?
Yes, a startup company can apply for an L-1B visa. However, it must meet specific criteria, including demonstrating a legitimate employer-employee relationship and establishing the need for specialized knowledge in the U.S. operations. Startups often face additional scrutiny, so comprehensive documentation is crucial.
What is the maximum duration of stay on an L-1B visa?
Initially, L-1B visa holders can stay for up to three years. Extensions are possible, with a maximum cumulative stay of five years. Extensions require demonstrating that the specialized knowledge remains essential for the U.S. operations.
Is there a minimum tenure requirement for employees transferring on an L-1B visa?
While there's no strict minimum tenure requirement, employees must have a significant period of experience with the foreign employer and possess specialized knowledge critical to the U.S. operations. USCIS evaluates the depth and relevance of the employee's expertise.
Can an L-1B visa holder change employers in the U.S.?
Generally, L-1B visa holders are tied to their sponsoring employer. However, they may be eligible to change employers under certain circumstances. The new employer must file a new L-1B petition, and approval is necessary before the employee can work for the new company.
What is considered "specialized knowledge" for the L-1B visa?
Specialized knowledge encompasses expertise in the company's products, services, research, systems, proprietary techniques, management, or procedures. It's knowledge that is not readily available in the industry or within the company and is integral to its competitiveness.
Can L-1B visa holders apply for permanent residency (green card) in the U.S.?
Yes, L-1B visa holders can pursue permanent residency in the U.S. through employment-based sponsorship. The sponsoring employer can file an immigrant petition on their behalf, initiating the green card process. Meeting the specific requirements for employment-based categories is essential.
Are spouses and children of L-1B visa holders eligible for work or study in the U.S.?
Yes, spouses and unmarried children under 21 of L-1B visa holders can accompany them to the U.S. on L-2 dependent visas. Spouses may apply for work authorization, allowing them to work in the U.S., while children are eligible to study.
Can L-1B visa holders travel outside the U.S. during their stay?
Yes, L-1B visa holders can travel outside the U.S. during their authorized stay. However, they must have a valid L-1B visa stamp in their passport and ensure compliance with any travel and re-entry requirements.
The L-1B visa is a strategic avenue for entrepreneurs aiming to bring specialized knowledge into their U.S. operations. At DeMine Immigration Law Firm, we are committed to providing comprehensive support throughout the L-1B visa application process. Contact us today to embark on your journey to success in the United States.