The employer did not send an L1 business plan that sufficiently details the company structure and the expected growth for the future.The duties described in the job description do not align with similar managerial or executive positions in comparable US companies.Insufficient evidence of the employees specialized knowledge and or/ an inadequate link to the company operations.Once the applicant has provided the additional documentation, the 15 day limit will start again.Ĭommon reasons RFE’s are issued by the USCIS include: In the event the adjudicator is unable to make a decision based on the information and supporting evidence provided, they may pause the premium processing and request further information on the application.Īdjudicators have substantial discretion in respect of the applications before them and they are no longer required to issue a Request for Further Evidence (RFE), before denying an application in the event an application is lacking in evidence or information. This will inevitably delay the application processing time. When the USCIS assess the application it will either be approved, rejected or in many cases they may send an RFE – a Request for Evidence.
The USCIS is obligated to process the application in the 15 calendar days or the fee will be refunded. The fee for this service is $2500 and the employer must file a Form I-907, Request for Premium Processing Service, along with their Form I-129. This official USCIS service reduces the six-month processing time of the initial I-129 petition to just 15 days. The L1 premium processing service is available for a fee where an expedited decision is needed. If approved and the applicant is outside the US, the next stage is to attend a visa interview at the US consular post in the country where they filed the petition, which can take a further six months. Processing of form I-129 at a USCIS service center can take up to 6 months. This is usually no difference in the processing times between the L1A and L1B classifications. Generally, the average L1 visa application time can be between six months to a year, depending on the consulate or embassy the application is filed at and the quality and circumstances of the application. It is the caseload of the consular post that will largely determine the processing time, as well as the quality of the submission and supporting documents. If already in the US under a different visa category, the application will be for a change of status. When the petition from the employer has been approved, if applying to a US consulate for entry permission, the employee will need to make an appointment at a US consulate or embassy in their country of residence and attend a visa interview. The time this takes to process depends on the service centre that manages it. This should be filed at least 45 days before the commencement of US employment and must not be filed more than six months before employment begins. To understand processing times, it helps to consider the various stages of the application process.įirst, the employer files form I-129 with USCIS on behalf of the employee. Failure to provide a comprehensive submission can give cause for the adjudicator to delay the application and request further information from the applicant, or to reject the petition outright. Petitioning companies and their employees are now required to do more than ever to establish eligibility under the L-1 route and to try and minimize L-1 visa processing times. In addition, L1 petitions continue to be subject to considerable scrutiny. The pandemic has also resulted in processing delays as USCIS deals with the backlog of applications. L1 visa processing times vary by consular post, depending on caseload, and by application, with more complex or incomplete petitions taking longer. Whether you are looking to establish a presence in the US, or if you are transferring multiple team members to lead on a key client account, the reason for transfer will usually be business or project-critical, making it important for employers to understand the timescales involved in petitioning for, and securing, the visa. In this article we consider how long the L-1 visa processing can take and what steps employers and workers can take to avoid delays with the application. US immigration rules, however, are strict and application processing can be protracted, which does not always align well to the organization’s timeframes or support the employer’s commercial needs to have the right people in the right place at the right time. It offers non-US companies the ability to deploy key personnel to the USA on a temporary basis for work purposes. The L1 visa is attractive to multinational employers of all sizes and across market sectors.
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