People from across the globe come to the United States for purposes of commercial or professional business every day. It’s their intention of nearly all of them to remain in this country for a specific period of time and then, return to their homes. The L-1B non-immigrant visa allows an employer to transfer a professional employee who possesses specialized knowledge in connection with the employer’s business from one of its foreign affiliated offices to its offices in the United States. If that foreign that business doesn’t yet have an office in the United States, that foreign professional employee is allowed in the U.S. to help establish an office in this country. The employer is required to file a Form I-129 Petition for Non-Immigrant Worker along with the appropriate fee for the petition on behalf of the employee.
How Long Can the Employee Stay?
Employees who are allowed entry into the United States to open a new office are permitted a maximum initial stay of one year. All other employees are allowed three years. All extensions of stay for L-1B1 employees can be granted for two years with a maximum limit of five years. It’s the responsibility of the employer to confirm that its employee is authorized to work in the United States. A Form 766/EAD is sufficient for confirmation. This can be obtained by completing and submitting a Form 765 Application for Employment Authorization.
The Non-Immigrant Visa Issue
Employees who are seeking lawful permanent residency in the United States aren’t eligible to apply for it through their L-1B visa as it’s a non-immigrant visa. Alternatives are available though. An approved I-130 petition family-based petition or an I-140 alien worker petition should be sufficient to overcome the non-immigrant restriction attendant to the L-1B visa. Then, an application for adjustment of status can be made either through USCIS or consular processing. That’s because the L-BI visa isn’t conditioned on immigrant intent. A person can have dual non-immigrant and immigrant intent for the L-1B.
Both the employer and the intending immigrant are going to need help in the L-1B visa process adjustment process. The eligibility requirements for converting an L-1B visa into lawful permanent residence and possible citizenship are strict. Quality and effective legal assistance will be needed. Whether you’re an employer or an employee, you can contact us at Maison Law Immigration Lawyers here in Bakersfield, CA to arrange for a consultation. Our intention is twofold. We want to help companies in establishing successful office here in the United States while assisting valued employees in becoming lawful permanent residents or even U.S. citizens in the future.
Contact a California EB-3 Lawyer Today.
If you or a family member need assistance in obtaining a permanent residency in the United States, speak with a Central Valley immigration lawyer at Maison Law Immigration Lawyers. We know what needs to be done to effectively help you. We’re committed to helping every person who intends on becoming a permanent resident of the United States in obtaining the professional legal assistance that they deserve. It’s people like you who built this country, and your family members can continue build it even better.
Learn more about other types of visas.