L-1 Frequently Asked Questions

Is there any limit on the number of L-1 visas available in a year?

No.

Can spouses and children of L-1 visa-holders work in the USA?

L-2 dependant sposes can now obtain a general work authorization. L-2 children cannot work. This work authorization must be applied for separately, though.

Can I move L-1 employees to different sites around the US?

Yes, provided they remain under your management and control.

What are the filing fees?

$320.00 plus an additional USCIS Fraud Prevention and Detection Fee of $500.00.

How long does it take to get an L-1?

Usually 2-4 months for a normal L-1, 1-3 weeks for an L-1 covered by a blanket approval.

Is it possible to speed up the process?

Yes. The USCIS has instituted a program called Premium Processing. If the USCIS is paid an extra $1,000 on a separate check, the USCIS guarantees it will adjudicate the petition in 15 days or notify the petitioner if more evidence is needed.

Can the alien come to the USA on a visitor visa or visa-waiver while the L-1 petition is being processed?

This is possible but not advisable, and under no accounts should the alien risk putting in jeopardy the issue of an L-1 visa by engaging in anything that might be construed as work, as this may lead to the alien being accused of visa-fraud either on entry to the US with a visitor visa/visa-waiver or when applying for an L-1 visa at the US consulate in their own country.

Can L-1 employees work part-time?

Yes.

Is there a requirement that I pay L-1 workers the 'prevailing wage'?

No, but paying L-1 workers significantly below the prevailing wage and/or the wages of your US resident staff is likely to result in the USCIS viewing your petition unfavourably, and may also result in investigations by the USCIS or Department of Labor.




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