Can L1B Visa Be Transferred: Important Legal Information

Can L1B Visa Be Transferred to Another Company?

As someone who is interested in immigration law, the topic of L1B visa transfers is particularly fascinating to me. The L1B visa allows a US employer to transfer an employee with specialized knowledge from one of its affiliated foreign offices to one of its offices in the United States. But what happens if that employee wants to transfer to a different company while still on their L1B visa?

First, take look details L1B visa requirements obtaining it.

Visa TypeRequirements
L1B VisaEmployee must have specialized knowledge related to the organization
L1B VisaEmployee must have been working for the organization for at least one continuous year within the three years preceding their admission to the United States
L1B VisaEmployee must be entering the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations

It`s clear that the L1B visa is tied to the specific employer who sponsored the employee for the visa. However, it is possible for an L1B visa holder to transfer to a different company, but there are specific steps and requirements that must be followed.

One option for L1B visa holders looking to transfer to another company is to have the new employer file a new L1B petition on their behalf. The new employer must meet the same qualifications as the original employer and the employee must still meet the requirements for the L1B visa. If approved, the employee can then begin working for the new employer.

Another option is for the employee to apply for a change of status to a different visa category, such as the H-1B visa. This would allow the employee to work for a different employer, but they would need to meet the specific requirements of the new visa category.

It`s important to note that navigating the process of transferring an L1B visa to another company can be complex and it`s advisable to seek the guidance of an experienced immigration attorney to ensure all requirements are met.

So, in conclusion, while it is possible for an L1B visa to be transferred to another company, it is not a simple process. The specific requirements and steps involved make it a topic that requires careful consideration and expert guidance.

For more information, feel free to explore our blog for additional insights and updates on immigration law.

 

Top 10 Legal Questions About L1B Visa Transfer

QuestionAnswer
1. Can an L1B visa be transferred to another company?Absolutely! An L1B visa can be transferred to another company as long as the new employer files a new L1B visa petition on your behalf.
2. Do I need to go through the entire L1B visa application process again?Yes, unfortunately, the entire L1B visa application process needs to be completed again for the transfer to a new company.
3. Is there a minimum time requirement with the current employer before transferring the L1B visa?There is no minimum time requirement with the current employer before transferring the L1B visa to a new company.
4. Can I work for the new company while the L1B visa transfer is pending?Yes, you can work for the new company while the L1B visa transfer is pending as long as the new employer files the petition before your current L1B status expires.
5. Will the transfer affect my spouse`s L2 visa status?The transfer of the L1B visa will not directly affect your spouse`s L2 visa status, but it is important for your spouse to also update their employment authorization document (EAD) with the new employer`s information.
6. What happens if the L1B visa transfer is denied?If the L1B visa transfer is denied, you will need to stop working for the new employer immediately and consult with an immigration attorney to explore other visa options or appeal the decision.
7. Can the new employer file the L1B visa transfer while I am outside the United States?Yes, the new employer can file the L1B visa transfer while you are outside the United States, but you will need to obtain the new L1B visa stamp from a U.S. consulate or embassy before re-entering the country to work for the new employer.
8. Are restrictions type work I new employer during L1B visa transfer process?There are no specific restrictions on the type of work you can do for the new employer during the L1B visa transfer process as long as it aligns with the specialized knowledge for which the visa was originally granted.
9. Can transfer L1B visa company related current employer?No, the L1B visa can only be transferred to a company that has a qualifying relationship with your current employer, such as a parent, subsidiary, affiliate, or branch office.
10. Is it advisable to consult with an immigration attorney before starting the L1B visa transfer process?It is highly advisable to consult with an experienced immigration attorney before initiating the L1B visa transfer process to ensure all the necessary steps are followed and potential issues are addressed proactively.

 

Legal Contract for Transfer of L1B Visa

This legal contract outlines the terms and conditions for the transfer of an L1B visa from one company to another.

Article 1 – Definitions
In this contract, the following terms shall have the meanings set forth below:
1.1 “L1B Visa” shall refer to a non-immigrant visa issued to an employee of an international company with offices in both the United States and abroad.
1.2 “Transferor Company” shall refer to the company currently holding the L1B visa for the employee.
1.3 “Transferee Company” shall refer to the company to which the L1B visa for the employee will be transferred.
Article 2 – Transfer L1B Visa
2.1 The Transferor Company agrees to initiate the transfer process of the L1B visa for the employee to the Transferee Company in accordance with the regulations set forth by the United States Citizenship and Immigration Services (USCIS).
2.2 The Transferee Company agrees to comply with all USCIS requirements and provide all necessary documentation for the transfer of the L1B visa.
Article 3 – Representations Warranties
3.1 The Transferor Company represents and warrants that the employee is eligible for the transfer of the L1B visa and that all information provided for the transfer is accurate and complete.
3.2 The Transferee Company represents and warrants that it will provide full support and cooperation in the transfer process and will comply with all USCIS regulations.
Article 4 – Governing Law
4.1 This contract shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
4.2 Any disputes arising out of or related to this contract shall be resolved exclusively through arbitration in [City, State] in accordance with the rules of the American Arbitration Association.

This contract, together with any exhibits or attachments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.