L1B visas are available to foreign national employees of companies with a US presence who have been transferred to the US to work in a “specialty occupation.” A specialty occupation is defined as an occupation that requires the theoretical and practical application of a body of highly specialized knowledge. And for which the attainment of a bachelor’s degree or higher in a specific specialty is a normal minimum requirement for entry into the occupation in the US. Examples of specialty occupations include engineers, accountants, and computer programmers. An Italian immigration attorney can help you understand L1B visa better.
L1B visa holders may stay in the US for up to five years and may apply for permanent residency (a green card) after three years with the help of an Italian immigration attorney. Spouses and unmarried children under age 21 of L1B visa holders may also enter the US on L2 visas.
L1B visa holders are authorized to work only for the employer who has a petition for their visa. They may not change employers or start their own business while in the US.
To qualify for an L1B visa, the foreign national employee must have employment by the overseas company for at least one year out of the three years preceding his or her transfer to the US. Additionally, the employee must be coming to the US to work in a “specialty occupation.”
To qualify for an L1B visa, the employer must also demonstrate that:
-The foreign national employee has employement by the company overseas for at least one year out of the three years preceding his or her transfer to the US; and
-The employee is coming to the US to work in a “specialty occupation.”
The employer must also prove that it has the ability to pay the employee’s salary while he or she is working in the US.
In addition, the employer must file a petition with US Citizenship and Immigration Services (USCIS) on behalf of the foreign national employee. The petition must include evidence that the foreign national employee meets the eligibility requirements for an L1B visa.
Once the petition gets approval, the foreign national employee can apply for an L1B visa at a US consulate. The spouse and unmarried children under age 21 of the L1B visa holder may also apply for L2 visas to accompany him or her to the US.
How immigration lawyers can help in obtaining L1B visa?
Obtaining an L1B visa can be a complex process, and it is important to consult with an experienced Italian immigration attorney to ensure that you meet all of the eligibility requirements. An immigration lawyer can also help you gather the necessary documentation to support your petition. They can also represent you in any interactions with USCIS or consular officials.
What are the benefits of having an L1B visa?
There are several benefits of having an L1B visa, including:
- The ability to live and work in the US for up to five years;
2. The ability to apply for permanent residency (a green card) after three years; and
3. The ability to bring your spouse and unmarried children under age 21 to the US on L2 visas.
What are the drawbacks of having an L1B visa?
There are a few drawbacks to having an L1B visa, including:
-The need to maintain employment with the same employer who petitioned for your visa;
-You may not change employers or start your own business while in the US; and
-Your spouse cannot work in the US unless he or she obtains an Employment Authorization Document (EAD).
How long is the process of obtaining an L1B visa?
The process of obtaining an L1B visa can take several months. The first step is for the employer to file a petition with USCIS. Once the petition gets approval, the foreign national employee can apply for an L1 B visa. The entire process can take several months from start to finish and an Italian immigration attorney can ease out.
What are the risks of not having an L1B visa?
If you do not have an L1B visa then you must not attempt to enter the US without one. Because, you will be subject to removal (deportation) from the country. Additionally, if you want to work in the US without an L1 B visa, you may face fines and/or imprisonment. Therefore, it is important to consult with an experienced immigration lawyer. Especially, traveling to the US to ensure that you meet all of the requirements for entry.
How immigration attorney can help in obtaining an L1 B visa?
If you are an employer interested in petitioning for an L1 B visa for a foreign national employee, or if you are a foreign national employee seeking an L1 B visa, it is important to consult with an experienced Italian immigration attorney. An immigration attorney can help you navigate the complex process of applying for an L1 B visa. They can ensure that you meet all of the eligibility requirements. In addition, an immigration attorney can represent you in any interactions with USCIS or consular officials.
At Di Martino Law Group, the expert Italian immigration attorneys have a deep understanding of the L1 B visa process and are ready to help you through every step of the way. Contact us today for a consultation.