Applying for the L1 visa is a great move for executives and professionals working for international companies. It allows you to transfer to a U.S branch of your company, and it is a popular option for multinational businesses expanding into the United States. However, there are applicants who make common mistakes that delay and cause problems to the visa denials.
In this blog, we will highlight all the common issues and mistakes of the L1 visa process and learn how to avoid them.
Not Meeting the Foreign Employment Requirement of The One-Year
It is one of the biggest mistakes L1 visa applicants make to not understand the one-year employment rule. To qualify for the L1 visa, the applicant must have worked for the foreign company for at least one whole year within the last three years before applying.
How To Avoid This Mistake:
- Gather detailed records, for example: the tax documents, work schedules, and pay stubs.
- Consult an immigration attorney to confirm eligibility if you had a break in employment or were on unpaid leave.
- Ensure your employment abroad is continuous and full-time.
Choosing Wrong L1 Visa Type (L1a Vs L1b)
The L1B visa is for the employees with specialized knowledge while the L1A visa is for the managers and the executives. Applying under the wrong category can result in request for additional evidence (RFE) or denial.
How To Avoid This Mistake:
- Provide a job description that matches the visa type.
- Include the organizational charts and the employment letters to support your role.
- Understand the difference between L1A AND L1B:
. L1A: leadership, people management, and decision making
. L1B: deep knowledge of the products, company procedures, or the services
Poor Documentation of The U.S. Company Office
If the U.S office is newly opened or just being established, the USCIS will closely examine its legitimacy. Many of the new office applications of the L get rejected due to incomplete documentation.
How To Avoid This Mistake:
- Show the U.S company is ready to support your role and business growth.
- Provide photos of the office and proof of the business activity for example the contracts, materials marketing or the website.
- Include the lease agreements, business plans, utility bills, and evidence of staffing or funding.
Weak or Vague Job Description
The USCIS needs to see a detailed breakdown of your job duties. Vague descriptions like “handling clients” or “managing projects” leads to issues for the L1 category applications.
How To Avoid This Mistake:
- Clarify how your role is critical to the U.S operations company.
- Use the measurable details like “how many people you manage, specific tools, system use, or the size of the budget”.
- Include specific tasks and responsibilities (highlighted).
Missing or Incomplete Forms
The forms, like I-129 and the L supplements are required for the L1 petition. Errors in these forms can delay the process or cause rejection.
How To Avoid This Mistake:
- Review all attached evidence before submitting.
- Ensure the signatures are done correctly where required in the documents.
- Double-check the dates, spelling, and the name.
Waiting Too Long to Apply
Timing is everything; waiting too long can affect your eligibility or your company’s eligibility to plan operations.
How To Avoid This Mistake:
- Keep an eye on expiration dates of passports, contracts, and the previous visas.
- If applying for the premium processing, make sure all materials are ready to avoid RFEs.
Not Using an Expert
Trying not to handle your L1 visa or using a general attorney without immigration experience often leads to mistakes. Here is how to deal with it!
How To Avoid This Mistake:
- Have an expert review your application before submitting.
- Work with an immigration firm that specializes in L1 and business visas.
- At EB2Hub, we help ensure that your petition is completely well-documented and accurate.
Overlooking The Green Card Opportunity
Many L1 visa holders do not realize that they may qualify for the green card through the EB-1C category, especially those who are considering the L1A visa type.
How To Avoid This Mistake:
- L1A TO EB-1C can be faster and does not require a labor certification (PERM).
- If eligible, plan your green card process while on L1 status.
- Discuss your long-term immigration goals with your attorney.
Contact Us Today for Further Queries
Applying for the L1 visa can open many opportunities for you and your company. But small mistakes can delay or deny your plans. You can improve your chances of success by avoiding the most common errors, like vague job descriptions, poor documentation, or choosing the wrong visa type.
At EB2Hub, we specialize in helping the professionals, business owners and the executives navigate the L1 visa process with confidence. Whether you are applying for the L1A, L1B or a new office, we will guide you every step of the way!