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On April 27, 2021 USCIS announced that it was issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts. The individual petition ensures that one employee applies for the L1 visa. L-1 Blanket Visa Requirements for Petitioner #2 H1B worker details for registration: First and Last name. This means that L1 visa applicants do not necessarily have to prove that they will return to their home country once their contracts end. Once the employer is approved to file an L1 Visa Blanket Petition, the next step is to complete Form I129S (Nonimmigrant Petition Based on Blanket L Petition) and have it sent to the prospective employee, being sure to also include a copy of the employer's eligibility verification (Form I-797). In determining whether the employer is eligible to pay the fee of $4,500, the following definition of "employer" will be applied: A person, firm . While the denial rate declined to 21.3% in the third quarter of the fiscal year 2021 and 20.7% in the fourth quarter, the denial rates were 32.7% and 33.3% respectively for . Jan 15, 2021 0 1. Through the first three quarters of FY 2019, the USCIS denial rate for L-1B petitions to transfer an employee with "specialized knowledge" increased to 34.4%, compared to 24.1% in FY 2016 . Yes, you can have both L1 and H1B from separate companies and use any one of them. If your interview goes well, your visa will be processed and you can go and get your passport stamped. Guest worker or "non-immigrant" visas, including the H-1B and L-1, allow U.S. employers to hire citizens of foreign countries to temporarily work in the United States. Contact usfor further details. In addition, all foreign nationals are eligible for this type of visa as long as they fulfill the requirements. This means that in total, the maximum validity period for this visa is 5 years. Once the certification is approved, the employer must file a visa petition on form 1-129 and submit it to the U.S citizenship and Immigration Services (USCIS) (Bray, Ilona and J.D). Posted at 10:27h in For Employers, InfoArticle by mlfadmin. Through the first three quarters of FY 2019, the USCIS denial rate for L-1B petitions to transfer an employee with "specialized knowledge" increased to 34.4%, compared to 24.1% in FY 2016 . 0.02% When your maximum time is up, you can explore other options, which can also lead to a permanent stay in the US. National Interest Exceptions (NIE) for H-1B and L-1 Visas - (2021) January 18, 2021. In FY 2018, the refusal rate for H1B petitions for initial employment was lower than 26%, despite the Trump administration asking adjudicators to follow H1B policies that judges later ruled to be unlawful. These cookies do not store any personal information. For a higher education institution to qualify, it must meet the USCIS mandated criteria. Meanwhile, Currently my employer has initiated a process for my Labor certification and then I am expecting to expediate I140. (917)-259-0858. 201 0 obj <> endobj HAP. Office of Policy and Strategy, USCIS Page 6 BENEFICIARY OCCUPATION. approved l1 petitions by employer fiscal year 2021 byintommy lucchese family treeposted15 February, 2022 0 0 Visa Bulletin September 2021. An employer may file an L-1 petition to sponsor an alien who currently has L-1 nonimmigrant status working for another employer or to amend a previously approved petition. After that, you will either have to go back to your home country or seek other permanent solutions to staying in the US. from a specialized knowledge position to a managerial position), or any information which . Most importantly, you will need to carry a letter from the L1 sponsoring company indicating that the person applying for L2 visa stamping is accompanying L1 Holder as spouse. In both years, India-born individuals bagged more than 74% of the approved visas. A petition is the application process by which the USCIS determines that the employer and/or temporary work meets the basic qualification for a particular visa. . As you approach the time of your visa expiration, the employer can petition to extend the visa. US President Joe Bidens nomination to lead United States Citizenship and Immigration Services (USCIS) has been confirmed by the Senate. Before an individual employee can apply for their L1 visa, their employer must first file a petition with USCIS. In both years, India-born individuals bagged more than 74% of the approved visas. But they should apply for its renewal at least 60 days (two months) before the validity expiry of your Form I-94, as the usual . You can start applying starting Apr 1, 2021. Agency adjudicators may request further evidence when the petitioner provides insufficient evidence to establish eligibility.. In order to be . If an employee has an approved I-140, they will be able to continue renewing their H1b while they wait for the opportunity to apply for a . The L1 candidate will then need to apply for an L1 visa stamp to be placed in their passport at a U.S. consulate. Should complete the Form DS-160 online. There are many industries that can claim specialized knowledge personnel to be eligible for L-1B visa transfers, such as: The L-1B visa is thus given to people whose company can prove that they are indispensable to company functions. However, if the petition expires, then the employer cannot file a new blanket petition for another 3 years, but is allowed to file individual petitions. This case status appears only for petitions filed under regular processing. Fiscal Year 2019 . The L1 visa does not take too long to process. L1B petition refusal rates did drop to 21.3% in the third quarter of FY 2021, and again in the fourth quarter to 20.7%. The regulations governing blanket L-1 work status are more flexible than the regulations governing individual L-1 petitions and an amendment is not required as long as the L-1 worker is moving to a. If you are an employer or HR manager, . We also use third-party cookies that help us analyze and understand how you use this website. Approved EB-2 Advanced Degree & Exceptional Ability Green Card Petitions. Table 2: Approved L-1A and L-1B Petitions by Beneficiary Occupation . How Long Can Police Hold Evidence Without Charges Australia. According to Section 101 (a) of the Higher Education Act, an institution of higher education must: Be a public or non-profit institution See details. An L-1 visa may be issued to a foreign national employee who has worked abroad for at least one continuous year within the last three years for a qualifying, related business entity (e.g., parent, subsidiary, or affiliate) in an executive, managerial, or specialized knowledge capacity, and who is being transferred to the U.S. to work for the . The I-797 approval notice from USCIS. The Forbes report said: USCIS policy sets a very high bar for approval of cases involving specialized knowledge workers, requiring firms to document how a given workers knowledge of a companys product, processes, research, or other interests is special or advanced relative to other employees.. approved l1 petitions by employer 2021. It is a single visa petition that removes the need to file for l1 visas separately for each qualified workers. If the requirements for extensions are fulfilled, USCIS will grant the L1A visa status for an additional 2 years. If all goes well and the petition goes through without an RFE, these chosen . The company itself must be able to distinguish between employees who are vital to the company function and those who serve to only produce the products or services. If your L1 (either L1A or L1B) spouse has approved petition and has all his/her supporting documents, that's good enough to go for visa stamping. The L-1B visa is directed towards those individuals who have specialized knowledge within a company. Employer B also holds my approved EB2 I-140 with same PD. Your H-1B status is valid until the end validity date of your most recently issued I-94. [ii] The H-1B Visa: Eligibility, Use, and Regulation. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. . The typical requests made are for extending stay or requesting a change of status. My 2 most recent petitions- an extension filed when I was in the US & a subsequent cap-exempt H1B filed from India was denied in Nov 2018 & Aug 2019 . Also, the company can apply for a blanket L visa which allows individuals to file a copy of the approved blanket petition instead of filing for a regular L1 visa. 246 0 obj <>stream . The H-1B visa is a non-immigrant visa that allows an employer to hire guest workers who will be employed temporarily in . So to apply for the L1 visa, you will need to go through the following steps: This is the obvious logical prerequisite. However, a lower percentage of RFEs for completed L1B and L1A petitions were issued toward the end of the Fiscal Year - 41.4% in August 2021 and 37.6% in September 2021. The H1b Process in 2021 Unless an exception applies, most H1b visa applications are selected via a lottery system. If the employer wishes to speed up the processing of the petition, they may wish to use USCIS' premium processing procedure. When a petition is approved but no green card number is available, the immigrant enters the green card backlog. By getting an L-1 visa blanket petition, L-1 employees are eligible to apply for their L1 visa directly at the consulate without having to get their I-129 approved first. To do this, they must fulfill the following requirements: The organization must be in the commercial trade or service business. Complete guide to the L1 visa how to apply for it, requirements, processing time, validity and more. Since there is an option for premium processing, employers who pay it can get the answer to whether their petition is approved or denied in 1 to 3 weeks. After the interview, you will have to wait for the processing time and if you are approved, send your passport in for stamping. This website uses cookies to improve your experience. Summary of Approved L-1 Petitions by Employers FY2019 . The H1b Process in 2021 Unless an exception applies, most H1b visa applications are selected via a lottery system. So I am currently on L1 status. In response to the continuing high refusal rate of L1B petitions, USCIS issued the following statement: USCIS officers review each L1B petition on a case-by-case basis to determine if they meet all standards required under applicable laws, regulations and policies. 08-21-2021, 09:44 AM Hello All, I have a approved L1B petition with validity of 8 months only and is going to expire in Jan 2022, that's why my company filed for L1A via premium processing route and recently received an RFE. Arrange an appointment for a visa interview. Another reason to proactively invoke AC21 and inform USCIS of the new employer sponsor is the string of 2015-2016 Appeals Court cases which have established a notification right of new AC21 sponsor employers in connection with I-140 revocation of an earlier petition by a former employer. Meanwhile, for the 2021 Fiscal Year, the denial rate for L1B petitions to transfer overseas employees with specialized knowledge to the US was 26.2%. There has been much speculation over why L1B visa denial rates remain high, especially given the time and expense that employers go to in filing petitions for individuals that employers believe are eligible for US immigration benefits. (917)-259-0858. EAD/AP approved - Sep 2021 Joined Employer B in Mar 2022. In the first quarter, denial rates reached 32.7% before hitting 33.3% in the second quarter. This person would be considered as staff of the company, since they have no decision making power and must ask for approval from their superior. Apply . You would not have been eligible for change of status if the TN petition was filed after the expiration of L-1 status. Reduced administrative burden on employer - since only an individual L1 petition is required for each employee. For those whose H1B petitions have been selected, you have 90 days to file your full H1B petition to the government. Your H-1B status is valid until the end validity date of your most recently issued I-94.