L1 visa so simple yet so complex
Every progressive organization tries to outsource its most
valuable employees to their most resourceful branch, preferably the USA, for
fostering productivity and inching ahead in the market. For that, these
organizations try to procure visas for their employees. Although there are many
kinds of visas in the market, L-1 seems to be the ideal pick. The immense
popularity of the L-1 visa is due to its simplicity compared to other available
visas.
The reason behind the popularity of L-1 Visa:
The eligibility grounds for application of L-1
visas are very simple, making it the most widely popular class of
available visas. Any non-US professional, who is an employee of an MNC, holding
the position of executive, manager or position that demands special knowledge
are eligible for application. As the employer is more responsible in this visa,
it acts as another reason behind its immense popularity.
Perks of L-1 Visa:
L-1 Visa has two widely famous benefits:
●
It is widely extensible.
●
The holder can seek permanent resident status as
a nonimmigrant.
Process of procuring L-1 Visa:
L-1 Visa is broadly classified into two types: L-1A and L-1B.
L-1A visa is for executives and managers while L-1B is for employees having
specialized knowledge. The processing time required in both the application
generally ranges from six months to a year. After submitting the petition the
employer has to file an I-129 petition on the employee’s behalf in the USCIS
and upon its approval, consular processing is conducted whose processing time
can be determined by visiting the consular website.
Why L-1 visa is so complex?
Although the whole process of
procuring the L-1 visa is quite simple, the rejection grounds make procuring it
very complex. Although USCIS issues RFE for lack of evidence, documents or any
type of discrepancy, in most of the cases, the most common reasons for denial
of the L-1 petition are:
●
Change in Position: Eligibility of the L-1 Visa
demands to work for 3 years in the same position. If the applicant had
undergone a position shift from an executive, manager, or a specialized
employee to other, USCIS has the authority to deny your petition on the grounds
of eligibility. Even in the case of position change, the new position should
fulfill the requirements of the L-1 Visa petition.
●
Past event of misconduct: USCIS is very
stringent and strict in processing the L-1 visa petition. Any event of
misconduct in the US by the applicant, for which he/she/they have been
convicted, provides USCIS with a ground for rejection of your petition.
Extension of the visa also proves to be very
●
Skepticism of fraudulent behavior: If there are
any suspicions on the filed petition for the L-1 visa, USCIS will reject the
petition, or issue an RFE corresponding to that. Suspicion arises on the
grounds of past information submitted in the previous petitions.
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