I have 6 months experience in the company from past 3 years, am I eligible for L1 visa?

Question

Hi,

I have 6 months experience from past 3 years in the company. Later, I resigned & joined a new company. Now my old company is calling me as there is an onsite requirement (long term). So, they are saying they can get the L1 visa for me. Is it feasible? Will I get L1? If yes, I'll resign the current job & join there.

Please reply at the earliest. Thanks in advance

Answer 1

A few years ago, six months within the past 3 years was enough to satisfy the requirement for the issuance of an L-1 visa. That is no longer true. You need 12 months.

An L-1 alien must have been employed by a related entity abroad for at least one year within the three years prior to the transfer. As a result of H.R. 2278 [PL 107-125], signed into law on January 16, 2002, the one-year period of required employment was previously reduced to six months for L-1 beneficiaries filing under blanket petitions.

However, the L-1 Reform Act has since rescinded this provision. As a result, all L-1 aliens (including those filing under blanket petitions) must now have been employed abroad for at least one year.

Answer 2

Yes, from what you say here, it appears you are qualified. You don't have to be employed by the company now, the law requires a minimum of 6 months experience over the past 3 years. Lots of companies prefer to file L petitions now, because getting H1b visas for employees is so problematic.