November 25 23:14 2019

Validity of L1 visa stamp depending on the country

On Tuesday, February 14, 2012, The Department of State (DOS) published a rule in the Federal Register stating that L visa stamp validity will be based on the reciprocal treatment the applicant’s country accords U.S. citizen, U.S. permanent residents, or aliens granted refugees status in the U.S. Prior to the rule, L visas were limited to the validity of the L-1 petition approved by USCIS. Based on the prior rule, many L1 visa lawyers advise their clients that they will need to attend a U.S consulate abroad to get L1 visa stamps when they travel abroad following the extension on an L1 visa, the L1 visa stamp was required for their reentry into the US.

Many L1 visa lawyers have welcomed the change brought about by the February 2012 because it means that , if the alien is a citizen of the country for which the reciprocity schedules allows visa validity for a longer period of time than the initial validity indicated in the petition, and if they extend their L status while in the U.S., they may not need to go for L visa stamping again at the U.S. consulate in order to reenter the U.S.

This rule allows aliens (foreign national workers and their dependents) to get L visa valid up to 5 years, depending upon their country of citizenship. e.g., UK has 5 years , Brazil, China, Russia has 2 years while Mexico only has 1 year.

L-1 visa and L-2 visa stamp validity is based on the country of citizenship and not the location of the consulate where the visa is being applied.

If the dependent family members are citizen of a different country than the primary visa holder (L-1 visa holder), they may get a different visa stamp duration based on their own country of citizenship. e.g., L-1 visa applicant who is a citizen of India would get 5 years L-1 visa but his wife who is a citizen of China would only get 2 years L-2 visa.

It is not advisable to attempt making an application for an L1 visa without the assistance of an L1 visa lawyer it L1 visa attorney.

You can check the schedule per country, here: https://travel.state.gov/content/visas/en/fees/reciprocity-by-country.html/

L1 visa applicant must work for the qualifying entities or qualifying organizations

Following the L1 Reform Act of 2004, an L1B non-immigrant will be in violation of status if they are “stationed primarily” at the worksite of an employer other than the petitioner, and if one of the following occurs:

1. The alien will be principally under the control and supervision of the unaffiliated employer, or

2. The placement at the non-affiliated worksite is “essentially an arrangement to provide labor for hire for the unaffiliated employer,” rather than placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary.

For more information on these guidelines you should consult an L1 visa attorney

For foreign companies who want to send an L-1 visa employee to the United States for the purpose of establishing a new office, the following criteria must also be met:

• The company must have secured a sufficient physical premise to house the new office.

• The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and

• The new U.S. office will support the said executive, managerial, or specialized knowledge position within one year of receiving petition approval.

• The company must have secured a sufficient physical premise to house the new office.

• The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition.

In recent years there has been high scrutiny for L1 visa holders and appointing an L1 visa attorney is crucial.

You can contact us on 310 943 6352

Or visit our L1 visa site at https://www.l1visaattorneys.com/

Our main site is https://www.larhdellaw.com/

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