USCIS’ Hogan memo states that an amended petition must be filed if an L-1 employee changes from L-1A to L-1B, or is transferred from one company to another within the same organization and becomes an employee of the new organization. This includes mergers or acquisitions where the acquiring/merged company 3 is the new employer. Change of employer name does not require an amended petition, but change in ownership, because it may affect the qualifying relationship with the foreign affiliate, does require an amended petition. An L-1 nonimmigrant may change status to another classification (including but not limited to H-1B or F-1), but may not commence services or activities under the requested classification until USCIS has approved the change of status. Changes between the H-1 and L-1 classifications count the United States duration of stay under the old classification toward the maximum stay allowable under the new classification. If you are in the US on an L1 visa then you must apply within 2 years of entry to qualify for an EB1C Green Card.
H-1B employers are required to pay the employee the higher amount. Prevailing wages are established by the State Employment Security Agency based on the worker’s duties, experience and skills necessary to complete the job. The spouse of an L-1 visa holder may apply for Employment Authorization Documents and subsequently start working legally after receiving approval.
Processing times in both categories vary widely, the latest processing time reports are found on the USCIS website. In general, processing over the last several years has been faster in the EB1-1 category than in the NIW category. The petitioner and the other qualifying organizations have obtained approval of petitions for at least ten “L” managers, executives, or specialized knowledge professionals during the previous 12 months; or have US. Subsidiaries or affiliates with combined annual sales of at least $25 million; or have a United States work force of at least 1,000 employees. In the event that your employer fires you, youimmediately will go out of status. There is no grace period and you will need to quickly find a job from an employer who is willing to sponsor an H1B visa.
However, in certain instances, the education requirements may be substituted with hands-on work experience. The key is that you have a relevant degree/work experience for the job accompanying the H-1B visa. Perhaps the most attractive feature of the L-1 visa is that immediate family members such as the spouse and children can accompany the holder on L-2 visas. Better yet, L-2 visa holders can also acquire Employment Authorization Documents to work in the U.S. If you’re interested in getting H-1B visa, it’s important to know thatthe current quota is capped at 65,000, with an additional 20,000 reserved for master’s degree holders. H-1B visa workers may stay in the U.S. for a maximum of six years, with an initial approval allowing for three years of stay that can be extended for an additional three years, if desired.
If your trip will last 30 or fewer days, you may be able to re-enter the United States using the expired visa stamp. Covid-19 and a Trump-era policy contributed to delays by U.S. Citizenship and Immigration Services in processing immigrant work permits.
Congress set a limit of 85,000 visas annually, and more than 10,000 companies applied in 2014. But just 20 companies received more than 32,000 visas, according to Ronil Hira, a professor at Howard University who studies visa programs and analyzed federal H-1B data. The top 20 included several large outsourcing firms that provided temporary workers for businesses like Disney and Toys “R” Us.
l-1b visa is supervised by higher level executives, board of directors or stockholders. The foreign and U.S. employers must be related, through at least 50 percent common ownership, as parent and subsidiary, affiliates, branches, or joint venture partners. The wage is based on the prevailing wage for the occupation in the area of employment.