Yes. If the foreign worker entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status when the L-1 petition was approved; and a request for a change of status from the nonimmigrant status to L-1 status was requested, then the foreign worker could… Read More
L-1 Visa
Can the foreign worker enter and exit the United States with an L-1 visa?
Yes. Assuming the foreign worker possesses a machine readable L-1 visa in their passport, s/he can enter and exit the United States during the validity period of the visa (the foreign worker must also continue to be employed by the L-1 U.S. employer).
What if the foreign worker is outside the United States at the time the USCIS approves the L-1 petition?
The foreign worker must proceed to the United States embassy or consulate in their native country to obtain an L-1 visa before s/he will be admitted to the United States
Can a foreign worker begin employment in the United States without an L-1 visa?
Yes. If the foreign worker entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status when the L-1 petition was approved; and a request for a change of status from the nonimmigrant status to L-1 status was requested, then the foreign worker could… Read More
How does the foreign worker obtain an L-1 visa?
Assuming the foreign worker is outside the United States and requires an L-1 visa to enter, after approval of the L-1 petition by the USCIS, the foreign worker must proceed to the United States embassy or consulate in their native country to obtain an L-1 visa before s/he will be admitted to the United States…. Read More
What is an L-1B visa?
An L-1B visa is issued to a ‘specialized knowledge’ worker by the United States embassy or consulate and is valid for the same dates as indicated on the USCIS approval notice.
What is an L-1A visa?
An L-1A visa is issued to an executive or manager by the United States embassy or consulate and is valid for the same dates as indicated on the USCIS approval notice.
When can the foreign worker begin employment in the United States?
If the foreign worker is outside the United States then s/he must obtain an L-1 visa before s/he will be admitted to the United States in L-1 status. If the foreign worker entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status on… Read More
If the foreign worker owns the U.S. or foreign company can s/he demonstrate an employer/employee relationship?
If a foreign worker owns either company s/he may be able to demonstrate that an employer/employee relationship exists if the control of the foreign worker’s work is exercised by a board of directors, preferred shareholders, investors or others.
Does the U.S. employer have to demonstrate an employer/employee relationship with the foreign worker?
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.
