L1 Visa India

How to get L1 Visa for usa from india

To obtain an L1 visa to work in the United States, your employer outside the US must first have a qualifying relationship with a U.S.-based employer based on ownership and control. The qualifying relationship can be parent-subsidiary, affiliate or branch relationship. You must also prove qualifying employment, which means that you have to an executive, manager, or specialized knowledge employee of a multinational company for at least one full year in the past three years. Your employer must also file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS).

Here are the general steps to apply for an L1 visa from India:

1. Check your eligibility: Ensure that you meet the eligibility criteria for the L1 visa category. You must have worked for a qualifying multinational company for at least one continuous year within the past three years.

2. Obtain a job offer: You must have a job offer from a U.S.-based employer with a qualifying relationship with your current employer.

3. File a petition: Your employer must file Form I-129, Petition for Nonimmigrant Worker, with USCIS on your behalf. This includes providing evidence of the qualifying relationship between the two companies, as well as your qualifications and job duties.

4. Attend an interview: Once the petition is approved, you will need to attend an interview at the U.S. Embassy or Consulate in India. You will need to bring all relevant documentation, such as your passport, visa application, and supporting evidence.

5. Wait for a decision: After the interview, you will need to wait for a decision on your L1 visa application. If approved, you will receive your visa and be able to travel to the United States.

It’s important to note that the L1 visa application process can be complex and may require the assistance of an experienced immigration attorney.

L-1 Visa for Spouses

L-1 Visa Spouses: Automatic Work Authorization for L-2 Visa Holders on the Horizon

Spouses of L-1 Visa holders look set to be granted automatic working rights in the US in a huge win for holders of L-2 Visas. A class action lawsuit was launched by affected people who claimed the long waits for authorizations and renewals made them uncompetitive and had caused them to lose jobs.

Spouses of L-1 Visa holders are required to apply for Employment Authorization Documents (EADs) and also for subsequent extensions. Long delays, exacerbated by Covid-19, have meant that approvals and extensions have not been granted in time.

The class action lawsuit was launched in March, and now it looks as though the government has decided to settle the case by offering automatic working rights and automatic extensions for spouses on L-2 visas. The change will also affect the spouses of H-1B visa holders who are in the United States on H-4 Visas.

It is not yet clear when the changes will take effect.

What is the L-1 Visa?

The L-1 Visa allows for the intracompany transfer of staff to established or newly formed offices in the United States. The L-1A Visa is for employees at executive or managerial level and the L-1B Visa is for employees with specialized knowledge. Both L-1A Visa and L-1B Visa holders can take spouses and dependent children under the age of 21 to the US with them. Spouses and dependents are issued an L-2 Visa and spouses can work provided they apply for authorization.

To find out more about how you can move staff to the US or expand your business there using the L-1 Visa, please contact Verdie Atienza head of our L-1 Practice.

Hear from an L-1 Client who went through the process during Covid-19


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