Key Takeaways:
- Transitioning from a B2 to an L1 visa allows individuals to change from visitor status to a permanent work status.
- The process involves eligibility check, employer petition, change of status application, approval, and visa issuance.
- Advantages include work authorization, dual intent, family inclusion, and longer stays, but there are strict requirements and dependence on the employer.
Understanding B2 to L1 Visa Transfer
Are you in the United States enjoying the sights as a tourist or visiting family on a B2 Visa and just received an exciting job offer that qualifies for an L1 visa? Transitioning from a B2 to an L1 visa can be a strategic move for individuals seeking to change their visitor status to a more permanent work status.
The Visa Conversion Process
To transfer from a B2 visa, categorized for tourists, to an L1 visa, designated for intracompany transferees, you will need to undergo what is known as a “change of status” in immigration terminology. Here is the step-by-step process:
- Eligibility Check: Ensure that you meet the L1 visa requirements, which typically involve being employed by a company outside the U.S. for at least one continuous year within the past three years.
Employer Petition: Your employer must file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This form will include details of your job offer and demonstrate your and the company’s eligibility for the L1 visa.
Change of Status Application: You need to file Form I-539, Application to Extend/Change Nonimmigrant Status, to request an official change from B2 to L1 status.
Wait for Approval: After submission, you’ll wait for USCIS to process and approve both your employer’s and your petitions. The processing time can vary, so it’s important to apply well before your B2 visa expires.
Visa Issuance: Once approved, USCIS will notify you, and you can then apply for an L1 visa stamp at a U.S. embassy or consulate if you wish to leave and re-enter the U.S.
It is advisable to consult with an immigration attorney throughout this process, as any error or oversight in the application could result in delays or a denial.
For official forms and detailed information, visit the USCIS website at https://www.uscis.gov/.
Advantages of B2 to L1 Visa Transfer
Switching from a B2 to an L1 visa comes with several perks:
- Work Authorization: Unlike the B2 visa, which does not permit employment, the L1 visa allows you to legally work in the U.S. for the sponsoring employer.
Dual Intent: The L1 visa recognises dual intent, meaning you can apply for a green card while on L1 status without affecting your non-immigrant visa status.
Family Inclusion: Your dependents (spouse and unmarried children under 21) can join you in the U.S. under L2 status, with the possibility for your spouse to apply for work authorization.
Length of Stay: The L1 visa usually offers a longer period of stay compared to a B2 visa, with initial stays of up to three years, extendable to a total of seven years for L1A visa holders and five years for L1B holders.
Disadvantages of the Transfer
However, there are certain caveats one should consider:
- Strict Requirements: L1 visas have specific and strict requirements both for the employee and the employer that are not easy to meet.
Complex Process: The change of status process can be complex and time-consuming, requiring thorough documentation and legal understanding.
Dependence on Employer: Your visa is tied to your employer, meaning that if your employment ends, so does your L1 status.
Final Thoughts
Transferring from a B2 to L1 Visa is a substantial step that can transform your visitor status into an opportunity to work and live in the U.S. The B2 to L1 Visa Transfer requires meticulously documented processes that reflect your and your employer’s qualifications fitting the L1 visa requirements. While there are considerable benefits, being aware of the disadvantages is essential for making an informed decision.
Remember, working closely with your employer and possibly an immigration attorney will be key in navigating the visa conversion process. With careful planning and attention to detail, you can successfully change your status and embark on your new career in the United States.
Still Got Questions? Read Below to Know More:
How soon after entering the US on a B2 visa can I apply for an L1 visa transfer without raising red flags
When entering the United States on a B2 visitor visa, it’s important to respect the terms of that visa, which is intended for tourism, visiting family and friends, or medical treatment. If you plan to change status to an L1 visa, which is for intracompany transferees, immigration officers might question a rapid change as it could suggest that you had preconceived intent to work in the U.S. at the time of entering on the B2 visa, which can be seen as visa misuse.
It is generally recommended that you wait a substantial amount of time before applying for a change of status from B2 to L1 visa to avoid raising suspicions about your intentions. “Substantial” isn’t strictly defined by U.S. Citizenship and Immigration Services (USCIS), but waiting at least 60 to 90 days after entry before applying would be more prudent. This helps to demonstrate that your plans have legitimately changed since your entry to the U.S., which is aligned with the USCIS’s guidance on the 30/60-day rule, even though this rule is no longer formally applied.
When you are ready to apply for an L1 visa, you will need to have your U.S. employer file a Form I-129, Petition for a Nonimmigrant Worker on your behalf. Keep in mind that any substantial misrepresentation or failure to comply with visa terms can have serious consequences, including visa denial or cancellation. For more information and to ensure that you are following the latest guidelines, regularly check the official USCIS website for updates on nonimmigrant visas: USCIS – Nonimmigrant Visas.
Can I apply for an L1 visa if I’ve been offered a part-time job, or does it have to be a full-time position
An L1 visa is a non-immigrant visa which allows companies to transfer employees from an overseas location to their U.S. offices. The employees must work in managerial or executive positions or have specialized knowledge. There are two types of L1 visas: L1A for managers and executives and L1B for persons with specialized knowledge.
For the L1 visa, the United States Citizenship and Immigration Services (USCIS) typically expects the beneficiary to be coming to the United States to work full-time. However, the regulations do not expressly define the number of hours required for L1 visa work as full-time, leading to some room for interpretation. Nevertheless, part-time work is generally not the intended purpose of the L1 visa. According to USCIS, to qualify for an L1 visa:
“Evidence of the continuous, full-time employment abroad and a description of the work to be performed in the United States must be included in the petition.”
Here is a link to the relevant USCIS page regarding L1 visas: USCIS L1 Visa Information
If you have been offered a part-time position with a company in the U.S., you may need to discuss with your employer and perhaps consult with an immigration attorney to determine if you are eligible to apply for an L1 visa under the circumstances of your employment offer or if another visa type might be more appropriate for your situation.
What are my next steps if my change of status from B2 to L1 is denied by USCIS
If your change of status from B2 (visitor for pleasure) to L1 (intracompany transferee) has been denied by United States Citizenship and Immigration Services (USCIS), you have a few potential next steps to consider:
- Review the Denial Notice: Carefully read the denial notice sent by USCIS as it will include the reasons for the denial and information on whether you can appeal the decision or file a motion to reopen or reconsider.
Explore Your Options:
- File an Appeal or Motion: If the denial notice allows, you may appeal the decision to the USCIS Administrative Appeals Office (AAO) or file a motion to reopen or reconsider. This must be done within the deadline specified in the notice.
- Reapply: Depending upon the reasons for the denial, you may be able to address the issues and reapply for the L1 visa.
- Change Status to Another Visa Type: If you qualify for another visa category, you might consider applying for a change of status to that category.
- Depart the United States: If you do not have a lawful status, you may need to depart the U.S. to avoid accruing unlawful presence, which can lead to bars on reentry.
- Consult an Immigration Lawyer: Immigration law can be complex and each situation is unique. Consulting with an experienced immigration attorney can help you understand your options and the best course of action based on your specific circumstances.
Remember, you should avoid any delay in taking action after a denial, as overstaying your current visa can result in negative immigration consequences. For detailed information and resources, you can visit the official USCIS website and the page on Understanding Your Denial.
“USCIS must explain the reasons for your denial clearly and, if possible, suggest how you can overcome these reasons with a new application.” – USCIS
Keep in mind that legalization processes may vary and are subject to change, so staying updated with the latest immigration news through official channels is crucial.
What should I do if my B2 visa expires while I’m waiting for my L1 visa status change approval
If your B2 visa expires while you’re waiting for your L1 visa status change approval, it is crucial to ensure you maintain legal status in the United States. Here’s what you should do:
- File for an Extension: As soon as you realize your B2 visa is about to expire, and if your L1 petition is still pending, submit Form I-539, Application to Extend/Change Nonimmigrant Status with the United States Citizenship and Immigration Services (USCIS). This will request an extension of your B2 status. You must file this form before your B2 visa expires to avoid being out of status.
“You must apply to extend your status if you are a nonimmigrant in the United States and want to extend your stay for a valid reason, but your nonimmigrant visa has expired or is about to expire.” – USCIS
Keep Evidence of Filing: Upon filing, keep the receipt notice as evidence that you have a pending application. This will serve as proof that you have taken steps to legally extend your stay.
Don’t Assume Approval: Do not assume your extension will be automatically approved. Continue to stay informed about your application status. You can check the status of your extension application online through the USCIS Case Status Online tool.
Meanwhile, it’s important to stay updated on the processing times for both your L1 status change application and the B2 visa extension. Normally, if your extension is not approved before your B2 expires, and your L1 is likewise still in process, you are generally allowed to stay in the U.S. while your L1 application is pending, due to a period of authorized stay. However, if your B2 extension is denied, you may need to leave the U.S. immediately to avoid unlawful presence, which can impact future immigration benefits.
For comprehensive guidance tailored to your situation, consider consulting with an immigration attorney or a reputable legal advisor.
If my family came with me on B2 visas, how do we switch to L2 visas after my L1 status gets approved
If your family accompanied you to the United States on B2 visas, and your L1 visa status gets approved, your family members will need to change their status to L2 visas to match your L1 status. Here are the steps you and your family should follow:
- File Form I-539: Each family member must submit a Form I-539, Application to Extend/Change Nonimmigrant Status, to U.S. Citizenship and Immigration Services (USCIS) to change from a B2 to an L2 visa. It is possible to include more than one family member on a single form if they are all changing to the same status. Be sure to include all required supporting documents and fees.
Provide Supporting Evidence: Along with the application, you must submit evidence of the L1 visa holder’s status, such as a copy of the approval notice (Form I-797) for the L1 visa. Each family member will also need to prove their relationship to the L1 visa holder with documents such as marriage certificates or birth certificates.
Wait for USCIS Decision: After submitting the application and the required supporting documents, your family members will have to wait for USCIS to process the application. Processing times can vary, so it’s important to apply as soon as possible after the L1 status is approved. During this time, they should not travel outside the United States until the change of status is granted to avoid complications.
Ensure that you file the change of status before the B2 visas expire. If the B2 status expires before you apply or if the family travels outside the United States without changing status, they may have to apply for L2 visas at a U.S. embassy or consulate abroad.
For the most accurate and recent instructions and requirements, visit the USCIS website’s page for Form I-539, and always consult their instructions or a legal advisor for detailed guidance. Here’s the link to the form and instructions: USCIS Form I-539.
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Glossary
B2 Visa: A nonimmigrant visa category that allows individuals to enter the United States for tourism, pleasure, or visiting family and friends. It does not permit employment in the U.S.
L1 Visa: A nonimmigrant visa category that allows intracompany transferees to work in the United States. It is available for employees of multinational companies who are being transferred to the U.S. branch, subsidiary, affiliate, or parent company.
Change of Status: The process of transitioning from one immigration status to another while remaining in the United States. In the context of transferring from a B2 to an L1 visa, it refers to changing one’s visitor status to work status.
Eligibility Check: The initial step in the visa conversion process where individuals verify if they meet the requirements for the desired visa category. In the case of transferring from a B2 to an L1 visa, it involves confirming employment with a company outside the U.S. for at least one continuous year within the past three years.
Employer Petition: The formal request made by an employer to the United States Citizenship and Immigration Services (USCIS) to sponsor an employee for a nonimmigrant work visa. In the B2 to L1 visa transfer process, the employer must file Form I-129, Petition for a Nonimmigrant Worker, to demonstrate eligibility for the L1 visa.
Change of Status Application: The application submitted by individuals to request an official change of immigration status. In the B2 to L1 visa transfer process, individuals need to file Form I-539, Application to Extend/Change Nonimmigrant Status, to change from B2 to L1 status.
Visa Issuance: The final step in the visa conversion process where individuals obtain a physical visa stamp in their passport. Once the USCIS approves the change of status, individuals can apply for an L1 visa stamp at a U.S. embassy or consulate if they wish to leave and re-enter the U.S.
Dual Intent: A concept in immigration law that recognizes an individual’s intention to temporarily stay in the U.S. (nonimmigrant status) while also having the intent to immigrate (obtain lawful permanent residency or a green card) in the future. The L1 visa allows for this dual intent, meaning individuals can apply for a green card without affecting their nonimmigrant visa status.
Dependents: Spouse and unmarried children under the age of 21 who can accompany the primary visa holder to the United States. In the context of the B2 to L1 visa transfer, dependents can join the primary visa holder under L2 status, with the possibility for the spouse to apply for work authorization.
L1A Visa: A subcategory of the L1 visa that is available for intracompany transferees in executive or managerial positions. It allows for longer periods of stay and more extensive eligibility for a green card compared to the L1B visa.
L1B Visa: A subcategory of the L1 visa that is available for intracompany transferees with specialized knowledge or skills. It allows for longer periods of stay compared to a B2 visa but has more limited eligibility for a green card compared to the L1A visa.
Green Card: Another term for lawful permanent residency in the United States. Having a green card grants individuals the right to live and work permanently in the U.S.
Immigration Attorney: A lawyer who specializes in immigration law and provides legal advice and assistance to individuals and employers navigating the U.S. immigration system. They can help with visa applications, petition filings, and ensure compliance with immigration laws and regulations.
So there you have it, folks! Converting from a B2 to an L1 visa can open up a world of opportunities for work and adventure in the United States. Just remember to dot your i’s and cross your t’s, and you’ll be well on your way. If you want more in-depth information and helpful resources on visa transfers and all things immigration, head on over to visaverge.com. Happy exploring!
