Married to US citizen and applying for L1 visa

[MrZ]

Hello,

I am an Indian citizen and have been working in India for the last 5 years. I got married this June to a US citizen.

My company requires me to travel to the US on assignment and is applying for a L1 visa for me. However, they do not have any experience with a case of this sort and neither do I.

I have been warned that my application might get rejected because of an inferred "intent to immigrate". From my study of US visa procedures, I am of the understanding that "dual intent" is permissible when applying for a H1-B or L1-B (as in my case).

Do I need to worry about having my L1 application rejected?

Thank you.

Regards,
MrZ

[txh1b]

L1 visa is a dual intent visa and the fact that you are married to a USC will not impact a L1 visa.

[MrZ]

Thanks txh1b.

I was wondering whether VOs would deny an application on some other pretext when an "intent to immigrate" is obvious (for them at least). I'm hoping they're not that arbitrary.

I already have a L1 that expired a few weeks ago. My passport went into administrative processing when I applied for the L1 in 2008 and I ended up losing my US assignment even though I got the visa (relatively) quickly (in 3 weeks). I'd be really disappointed to have that happen again.

Also, even though she doesn't have to come since she doesn't need a visa, would my wife's presence at the interview (they won't stop her coming in I guess even though she won't be an applicant) help (or seriously undermine) my chances?

Anyway, here's hoping everything goes well.

Regards,
MrZ

[txh1b]

L1/H1 allow dual intent. So, you need not even worry about your marriage to a USC.

The admin processing for L1 could be for various reasons and that could happen again too. No way that can be avoided.

Other option if to pursue the immigrant visa by following the process outlined on immihelp.

[MrZ]

Thanks again.

My assignment happens to be a little time-sensistive (unfortunately) and I might not be able to wait for an immigrant visa to go through. If everything goes well, I'll get my L1 in 2 weeks. Other visas might take quite a bit longer from what I've read.

Regards,
MrZ

[rajzparadise]

Hello MrZ,

Please let me know the outcome of your L1 visa interview.
I really hope everything went on smooth for you.
I am in the same position as you so its would be a great help from you if you can provide some information.
Also please let me know the consulate where you appeared for the interview and any specific preparation or documentary evidence that I need to carry along with me.

thanks much!
Rajesh

[MrZ]

I'd have been glad to help rajzparadise but my visa is still in processing thanks to an idiotic HR manager who seemed to think that applying under my company's blanket L1 would have meant "sure rejection" because they would have known that "I'd never be coming back".

He stopped my L1B application and started my H1 application but then the quota for India ran out and now I'm in the middle of an L1 individual application (premium processing) responding to a ridiculous RFE (Request for Evidence) that asks so many general and vague questions about "specialized knowledge" that it seems pretty likely that my visa will get denied.

I think I would have had a good chance of getting my visa if I'd applied for an L1B and gotten interviewed at the US Embassy in New Delhi but since I'm already in the middle of another application process, my hands are tied. A teammate just got his L1B stamped without any trouble at all.

Like txh1b said, it shouldn't matter being married to a USC. However, proving that you're "specialized" enough for the job might be what you'd need to be worried about proving.

Hope this helps.

Let us know how it goes. Even if I don't get my visa, I can still be happy for someone else who does.

[rajzparadise]

Thanks for your prompt reply MrZ, sorry to hear about the delay in your case.
Well I was interviewed on Tuesday the 8th under Blanket L1-B and my visa was denied under section 221(g) and the VO asked to to apply individual L petition.
I was in the middle of this interview so could not respond back to you earlier.

I see your case is exactly same as mine and may be that its good that you saved time and started the individual petition, I would be very glad if you are able to complete the process soon and get visa for travel at the earliest.

Now I my company is going for Individual petition so can you please help me with some tips that I should keep in mind to avoid the RFE and have that documented while filing the individual petition. What would be your suggestions on this front.

thanks much

[MrZ]

I'm sorry to hear that your blanket L1 petition got denied. If I might ask, how many years of experience do you have?

This is what I got in my RFE. If you can make sure that this information is not missing in the first go, you might have a better chance of not getting the RFE at all.

• Provide a detailed description of the actions and duties the beneficiary will perform on a daily basis.
• Provide a list of proposed duties which require specialized knowledge;
• Explain why each duty requires a worker with specialized knowledge;
• Identify which processes, procedures, tools and/or methods the beneficiary will use for each duty and from which company each process, procedure, tool and/or method comes from (petitioner, third party, enc-client, prior employer)
• Identify how long it takes to train an employee to use the specific tools, procedures, tools and/or methods utilized.
• Specify how many workers possess that knowledge and are similarly employed by your organization.
• Explain exactly how Mr. YYYY ’s training differs from the core training provided to your other employees.
• Submit a record from your HR department detailing the manner in which beneficiary has gained his specialized knowledge. Documentation should indicate the pertinent training courses, the number of hours spent taking the courses each day, the completion dates and certificates of completion of these courses.

As relates to YYYY Company and the USCIS use of its Validation Instrument for Business Enterprises (“VIBE”).

USCIS recently began using VIBE to obtain objective information from an Independent Information Provider (IIP) about the petitioning company. USCIS uses the information available on Dun & Bradstreet (D&B). It appears that the information obtained from D&B is not aligned with the current information provided in the I-129 Petition for Mr. YYYY . In order to overcome the discrepancies, USCIS is asking YYYY to provide the following information:

• Provide copies of the foreign company’s payroll records pertaining to the beneficiary for the one full year preceding the filing of the first petition for his L-1 status. Specify when the beneficiary was hired, the positions that were held and why the beneficiary was selected for the position with the US entity.
• Submit color photos of the foreign company’s business premises. Color photos should show both the inside and outside of all factory, production, warehouse and office spaces with equipment, merchandise, products and employees clearly visible. Also include any company logos, emblems or signed displayed on buildings and products. Provide addresses, directions and telephone numbers for each facility.
• Submit a copy of the foreign company’s listing in the telephone directory with the appropriate translation.
• Submit copies of local, national and/or international newspaper, magazine or trade publication showing advertisements or articles for or about the foreign company and its products/services. Specify the date, publication name and circulation.
• Submit letters from public or private professional business, and trade organizations stating their knowledge of the foreign company’s membership.
• Submit the bank wire transfers or the US Customs Form 4790 executed to document the transfer of funds to and from the foreign entity in order to continue doing business here.

Let us know how it goes.

[rajzparadise]

Thanks for the detailed reply MrZ, my apologies for getting back to you so late.
I have total 9 years of experience and with the current company I have over 4 years of experience.

My corporate counsel have completed the paperwork and they are applying for L1 individual now. I think they would have covered all the things in the documentation as I do not have visibility to what they are submitting. I have put across your inputs for the RFE to them so I am sure they are going to capture almost everything you mentioned here, thanks so much for providing those details.

I think VIBE will not be coming in my case as the company I work for is listed everywhere and have all the information available across all directories, still I never know they can ask for more details.

So how far has your case progressed? Did your sponsor applied for L1 premium? I think that will reduce the time gradually and you may get a decision on the petition soon.

Thanks again for all the inputs you have given, do let me know if you need any information from me.

rajesh

[MrZ]

I'm sad to say that my petition has been denied. The USCIS denial notice was extremely idiotic and seemed like it selectively chose the points from my application that would support its decision. My attorney is planning to appeal the decision but I'm not very hopeful.

I'd suggest that, if possible, you should show expertise in in-house technologies that your company has developed and that are used by your client. That would probably strengthen your case considerably.

Yes, I did apply for premium processing. Over $6000+ later, my wife (who is much more upset than I am) and I are stuck here.

Hope you make it though. All the best.

Please remember to emphasize to your attorney that they need to be *very* careful in proving specialized knowledge that makes *YOU* stand out.

The rate of L1 (fresh or extension) rejections is very high at this time and you will need to be extra careful.

Regards,
MrZ

[AdminP]

Received Same RFE questions

Dear Mr. MrZ,

I have received same exact questions that you have received regarding specialized knowledge. My case is I am on L1B and recently applied for the extension. On extension received same RFE questions as that of you. I am will be very grateful if you can guide me regarding forming reply.

(1) Provide a detailed description of the actions and duties the beneficiary will perform on a daily basis. A simple statement will not suffice.

(2) Provide a list of proposed duties which require specialized knowledge.

(3) Explain why each duty requires a worker with specialized knowledge.

(4) Identify which processes, procedures, tools, and/or methods the beneficiary will use for each duty and from which company each process, procedure, tool, and/or method comes from (petitioner, third party, and/or client).

(5) Identify how long it takes to train an employee to use the specific tools, procedures, tools, and/or methods utilized. Specify how many workers posses this knowledge and are similarly employed by your organization.

(6) Explain exactly how the beneficiary's training differs from the core training provided to other employees.

(7) Please submit a record from your HR department detailing the manner in which the beneficiary has gained his knowledge. Documentation should indicate the pertinent training courses in which the beneficiary has been enrolled while working for your company, as well as the duration of the courses, the number of hours spent taking the courses each day, the completion dates, and certificates of completion of these courses.


Ealier, my used to have their own Visa/Immigration team but recently they have started outsourcing to law firm and I do not believe law firm are as good as company visa team. Since company visa desk had really good experience in handling employee cases.

As an additional information my I-94 is already expired 3 days ago. Any help in this regard would be really helpful.

[arun957]

Recieved Same RFE..

Hi AdminP,

Even I received the same RFE. Can you let me know what happened further in your case? Did you get your petition approved?

thanks,
Arun