Is L1 visa reform act still valid?

Question

Hi,

I have only 6 months experience from past 3 years in my old company. My old company wants to apply L1 visa for me?

Will my visa be processed? I heard, as per the L1 visa reform act of 2004 , even for L1 blanket petitions, you should have completed 12 months service in the company. Is this act still valid? Will I get the L1 visa?

Kindly give me a firm answer. I have to leave my current job & then take up this offer from my previous company. Early response awaited. Thanks in advance.

Answer 1

It hasn't gone away since you asked the question two days ago.

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However, the L-1 Reform Act has since rescinded this provision.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

"The L-1 Visa is available to intra-company transferees who have been employed by the company outside of the United States for at least one of the prior three years."