Marriage based cases are usually less complex than employment based cases, which are much more highly scrutinized and have more rigorous standards. It is usually less risky and less complicated to seek a green card through your U.S. citizen spouse, if that option is available. A petition to change status to L-1A may be filed on behalf of a foreign national in L-1B status in order for the individual to move into a managerial position or an executive position.
L-1 Visas allow certain qualified individuals to enter and reside in the United States for a specific period of time. L-1 Visas were created specifically for intracompany transfers of current employees of businesses already located in the U.S. or, in some instances, in the process of establishing a new business branch in America. The only way to extend the period of stay is by applying for a green card.
The spouse of the primary L-1 has an automatic right to work in the United States. The spouse can, but need not, apply with the USCIS for employment authorization after arriving in the United States and, after issuance of the Employment Authorization Document (EAD, Form I-765), may thereafter work for any employer. According to the Social Security Administration, the L-2 spouse is permitted to work, even without an Employment Authorization Document. However, USCIS takes the position that the L-2 spouse must obtain the Employment Authorization Document for I-9 purposes.
If l-1b visa of these qualifications is not satisfied (for example, if the company is seeking to relocate to the United States rather than maintaining facilities in the U.S. and a foreign country), then its employees will not be eligible for L1 visas. The major requirement is that the employee who receives an L-1A visa must have worked for the company for at least one year in an executive or managerial role. Employees with L-1 status benefit multinational companies, allowing them to expand or grow their business in the U.S.
The L1 visa reform act of 2004 makes it clear that the petitioning employee must be supervised or controlled by the affiliated employer only, while working in the United States. In addition, the job functions performed by the petitioning employee shall not be considered as labor for hire. L-1B visa holder may be able to apply for permanent residency. H1B VisaThe H1B visa is a nonimmigrant, employment-based visa that is granted to an eligible temporary worker. The national average wait time for I-129 petitions is about one month.
The H1B cap only applies to new H1B applications and does not generally apply to H1B status holders who are seeking extensions or change of employer. If a Chinese or Indian national, then time the filing of the cap case to ensure the beneficiary can have indefinite extensions of stay in H-1B status after the seventh year in L-1A status, or fifth year in L-1B status. The L-1 Visa Intra-Company Transferee is available to employees of multi-national companies who are being transferred to a parent, subsidiary, branch, or affiliated company in the US. Must be currently doing business or plans on doing business in the foreseeable future within the U.S., and in at least one other country for the duration of the L-1B visa holder’s stay in the U.S.