Who Can File a Form I-129 for an L-1B Visa?
An employer must file a Form I-129, Petition for a Nonimmigrant Worker, on the employee’s behalf. The employer is required to pay the application fee, as well.
Can Business Owners Apply for These Visas?
Business owners can apply for L-1B visas on an employee’s behalf – and they can apply for themselves, as well. If you’re a business owner, you can apply if your business outside the U.S. will continue trading, even after you, the L-1B visa holder, has arrived in the U.S.
Additionally, if you have worked outside the U.S. for a year (out of the past 3 years) on behalf of your business and you’d like to set up a business in the U.S., you can apply without having to make an investment.
Is There a Cap on the Number of L-1B Visas Available Each Year?
There is no quota or cap on the number of L-1B visas available each year.
Is the L-1B Visa a Dual Intent Visa?
If you have an L-1 visa (either an L-1A or L-1B visa), you’re allowed to apply for permanent residency in the U.S. without jeopardizing your immigration status. However, you must meet the requirements for residency in the U.S.
How Long Does an L-1B Visa Last?
When a worker is coming to the U.S. to open a new office, the L-1B visa allows him or her to stay for up to a year. All other employees – those not coming to open a new office – can get a maximum initial stay of 3 years. However, all L-1B visa holders can request to extend that time period. The absolute maximum time period is 5 years. However, employees who wish to stay may be able to use another type of visa or petition the U.S. government for permanent residency. If that sounds like your situation, you may want to talk to a Houston or Dallas immigration attorney who can help.
Can Families of L-1B Visa Holders Come to the U.S.?
Some family members of L-1B visa holders can come to the United States with the visa holder. These family members – spouses and unmarried children who are under the age of 21 – can seek admission as L-2 nonimmigrants. If an L-1B visa holder’s family members are approved, they can typically stay for the same amount of time that the employee can.
L-2 family members already in the U.S. may extend their stays or even apply for a change of status.
Can L-1B Visa Family Members Work in the U.S.?
Spouses of L-1B visa holders can work if the U.S. government approves work authorization. If your spouse wants to find a job in the U.S., you may be able to talk to an immigration attorney who can help him or her file a Form I-765, Application for Employment Authorization. If USCIS approves the petition, there is no limit on where the spouse of an L-1B visa holder can work.
Can L-1B Visa Family Members Attend School?
L-2 visa holders are allowed to study full-time or attend a school in the United States. As an L-2 nonimmigrant, you can attend a school or university without getting any extra permissions. In fact, you may even be eligible for in-state tuition fees from a college or university, which are usually significantly lower than standard tuition and fees.
How Are L-1B Visas Different From L-1A Visas?
L-1B visas and L-1A visas are very different. Where L-1B visas are for employees with specialized knowledge, L-1A visas are for people who are coming under similar circ*mstances but to work in an executive or managerial capacity.
What Does the L-1B Visa Application Process Look Like?
Most people choose to work with an attorney to handle the L-1B visa application process. An attorney who understands the process can be a tremendous help every step of the way. These are the steps a company must follow to apply for an L-1B visa:
- Fill out and file Form I-129 with USCIS.
- Pay filing fees. In addition to the Form I-129 filing fee, which is currently $460, the employer must pay an associated fee under the American Competitiveness and Workforce Improvement Act of 1998. This fee is considered a “Fraud Prevention and Detection Fee.” The ACWIA fee is currently $500 and does not include other fees, such as biometrics fees. If the L-1 petitioner employs 50 or more people in the U.S., and more than 50 percent of those employees are in L-1A or L-1B nonimmigrant status, the fee is $4,500. However, some organizations are exempt from paying the ACWIA fee, such as those when:
- The petition is filed to correct a USCIS error
- A petitioner wants to file an amended petition that doesn’t contain a request to extend the validity of the petition
- A petitioner files his or her second or subsequent request for an extension of stay with the same worker
Do You Need to Talk to an Attorney About L-1B Visas for Your Company?
If you’re considering sending employees with specialized knowledge to work in a U.S. branch of your company (or to open a new office in the U.S.), we may be able to help you through the process. Call us today to speak with an attorney who understands how the system works and what you need to do to qualify for an L-1B visa for one or more of your workers.
FAQs
While an immigration attorney isn't a requirement, many people prefer to employ the services of one to ensure the process goes ahead smoothly.
Can an L1B visa be transferred to another company? ›
Yes, you may transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States. You must notify the U.S. Citizenship and Immigration Services (USCIS) of any significant changes in your employment.
How much does an L1B visa cost? ›
When applying for an L1B visa there are various fees that will be payable by your employer, including: Form DS 160 filing fee: $205. Form I-129 filing fee: $1385 from April 1, 2024, or $695 for small employers with fewer than 25 full-time employees. A fraud prevention and detection fee: $500.
What is the visa for intercompany transfer? ›
The L-1 intra company transfer visa allows foreign companies to send executives, managers, or specialized employees to the U.S. to work at an affiliated branch or establish a U.S. branch if one does not already exist.
How much do attorneys charge for H-1B? ›
Table 1: H-1B Legal and Government Fees For Employers
| Type of Cost | Price of Fee or Service |
|---|
| Attorney Fees | $1,500 to $4,000 |
| Attorney Fees if a Request for Evidence | $2,000 to $4,500 |
| Scholarship and Training Fee | $1,500 ($750 for employers with 25 or fewer employees) (initial petition and extension) |
11 more rowsFeb 22, 2024
H-1B Transfer Summary
The H-1B transfer costs between $2,030 and $8,810 depending on how many total employees you have and if more than half are in H-1B, L-1A, or L-1B immigration status, as of June 2024. The premium processing fee is an additional $2,805.
What is the rejection rate of L1B visa? ›
The denial rate for L-1B petitions declined to 21.3% in the third quarter of FY 2021 and 20.7% in the fourth quarter of FY 2021. In the first quarter of FY 2021, the L-1B denial rate was 32.7% and 33.3% in the second quarter.
Can I convert L1B to green card? ›
In conclusion, transitioning from an L1B visa to a green card through the PERM process requires patience, meticulous documentation, and the active involvement of your employer. With the proper guidance and understanding of the process, the path to permanent residence in the United States can be navigated successfully.
How long does it take for L1B to get green card? ›
Transit from L-1B to a green card can take 18 months or longer, depending on when the priority date becomes current. For those that hold an L-1B visa, the PERM Labor Certification stage might take about 8 months.
How much does a lawyer charge for L1 visa? ›
There are often several types of lawyers involved in a successful L1 visa application process. Immigration lawyer fees for filing an L1-A petitions vary. In our experience these range from about USD 5,000 to USD 25,000 or more depending on law firm and scope of services involved.
Eligibility and Visa Types: Nonimmigrant visa holders, including those on B1/B2, TN, L1, F1, and H1B visas, are eligible to purchase houses in the U.S. The absence of explicit restrictions allows foreign nationals to invest in real estate.
Can an L1 visa lead to a green card? ›
The L1 visa is a non-immigrant visa and so it is temporary and does not directly lead to a green card. In order to go from an L1 visa to a green card, you must apply for and get approved for an immigrant visa classification.
What is the intercompany transfer cost? ›
In accounting, intercompany transfer pricing is the price charged for goods or services exchanged between companies within the same group of companies. The purpose of transfer pricing is to ensure that each company in a group contributes fairly to the overall profitability of the group.
What is the difference between intracompany and intercompany? ›
intercompany means identification of the transaction between two units or subsidiaries.. Inter comapny means transactions between company and one of its separate legal entity. Intracompany means inside the company transactions with in the branches with same legal entity...
Can an L-1 visa be transferred to another company? ›
A: An L-1 visa holder can transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States. A new petition would have to be filed in such a situation.
What is needed for H-1B transfer? ›
Documents to Prepare for Your H1B Transfer
- Copy of the offer letter from employer.
- Copy of passport.
- Copy of current H1B visa (visa stamp)
- Copy of Latest Form I-797.
- Copy of Latest Form I-94.
- Copy of social security card.
- Copy of qualifications (degrees and certificates)
- Recent pay stubs (2 or 3 previous pay stubs)
Transferring your H-1B Visa to a different employer is a complex process that can have a significant impact on your immigration status. For that reason, many H-1B Visa holders are concerned about whether or not they can start working with a new employer before their application has been approved by USCIS.
Do H-1B transfers get denied? ›
H1B transfer petitions can be denied for many reasons. It's important to distinguish between an H1B transfer rejection and denial. While rejections tend to be minor and easily corrected, denials are merit-based and require specialist advice to understand your options and next steps.
What is the normal processing time for H-1B transfer? ›
Regular Processing times can vary quite dramatically, sometimes as short as 2 months but can be as long as 8 months. The average is between 3-5 months.
