How does the application process work?

The L-1 visa petition process is not to be underestimated. It is usually expensive and time-consuming. Meticulous documentation and planning of the entire transfer process is required.

The petition process includes two separate steps:

 

1. The petition has to be filed with the appropriate USCIS service center
The US employer has to submit the L-1 petition to the appropriate USCIS service center. This includes extensive information about the company, the employee to be transferred and the position to be filled – along with form I-129 and the usual fees.
Premium processing is available and, especially if the transfer has to happen quickly, advisable. For an extra US$ 1000, the USCIS will process the petition within 15 days and issue the preliminary results (not the final approval).
The notice of approval or denial (I-797 Notice of Action) will be submitted in written form to the US employer. Often, the USCIS will also reply with requests for evidence, especially if the submitted documentation is insufficient or incomplete. This can significantly delay the entire application process. Due to the complexity of the process, we strongly recommend that you seek competent advice. We would be happy to help you and your company with the complete petition process. Please refer to our services section for more information.

 

2. Application to the consulate
Once the USCIS has issued a notice of approval (form I-797), the last step (usually) is to apply for the actual L-1 visa at the appropriate U.S. consulate in the applicants home country.
Even with an approval notice issued by the USCIS, it is still possible for the U.S. consulate to refuse the visa, e.g. due to formal errors or other concerns. Therefore, it is advisable to prepare this application just as carefully.

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