If your L1 visa has come to its termination date, then it means that your I-94 comes to its expiration, too. The expiry of this form I-94 turns you from being an employee to an alien with undefined status in the United States. We all know that illegal residence in the states might lead to sanctions and further consequences, and of course, you would not want that.
To avoid that unfortunate situation, you must know the restrictions and regulations accompanied by acquiring an L1 visa. Ashoori Law can provide you with the essential information about the said visa, so make sure to check them out.
Common reasons for failure to renew the L1 visa before expiry
The failure of your L1 visa renewal is not your fault. It is because your US employer should be the one to apply for it several months before your visa’s expiration. It is their responsibility to request for your extension in the USCIS ahead of time since the process takes a long time if a blanket certification does not cover the application.
On the other hand, although your US employer filed for your renewal or extension way too early before your visa’s termination date, their request is still subject to the consulate’s approval. It means that your application for renewal or extension can be denied.
If the USCIS has found some of the following most common reasons for denial during your application for the visa’s renewal can be evaluated as rejected.
- Incorrect or insufficient legal and necessary documents submitted
- The demand for the US employer’s salary is too high or too low for states’ federal minimum wage standards.
- Lack of evidence that you indeed have the specialized skills and expertise, as stated in your
- L1B visa after the evaluation that the USCIS conducted.
- Your company’s business plan is impractical or too visionary.
- You have criminal charges
- Your job has changed, making you not eligible anymore for supervisory and managerial positions.
Essential things to do once your L1 visa renewal request is delayed, failed, or denied
First thing first, if your renewal request is not denied but filed late and expired before the consulate’s decision is made, you have at most 180 days (in general) to wait for the decision. Failure to renew or extend the L1 visa after that 180 days grace period, you will be banned to reenter the state for three years after your departure. Additionally, you have to be aware that unlawful stay or presence in the US has consequences that can lead to serious charges against you.
In an unfortunate case that your employer’s application for your L1 visa is denied, you have to determine the exact grounds why it is rejected in the first place. Knowing the definite reason will let you comprehend the assessment more, and you will know what should be your next step. However, if you and your employer think that the denial is unfair and invalid, you can promptly request a petition to the US District Court and challenge the consulate’s decision.
Another thing you may consider is to transfer or adjust your status. You may opt to apply and request a green card, especially when you think you have the right to acquire one. This card will allow you to permanently reside in the US legally, given that you possess the qualities to be considered qualified and that all the essential requirements are submitted. Another option is to petition for an H-1B visa. Essentially, this is a working visa needed for US employers to hire foreign nationals in some speciality occupations.
But the best thing to do is to seek professional advice from an immigrant lawyer. It will somehow cause your employer quite an amount of cash, but the hassle and the trouble will be outlawed. He will help you and your employer regarding the technical aspects should you be denied for a renewal. The immigrant lawyer will also advise on what legal ways you can alternatively try while waiting for the consulate’s decision.
How to avoid your L1 visa from being denied
One of the ideal things to take note of to ensure further that your L1 is extended is to be aware of the visa’s expiration date. Knowing when your permit will expire will make you prepare for renewal or extension ahead of time. You must be able to gather the essential requirements and documents and make sure that your US employer submits them on time, considering the length of the waiting period for the consulate’s decision.
You should also submit the proof of your recapturing time spent in the United States. Doing so will increase your chance of getting more time to stay in the state. And just like what we mentioned a while ago, hiring an immigration lawyer who is an expert on the US immigration-related laws and has accurate strategies will spare you from the headache and stress brought about by the refusal or delayed visa renewal.
Being required to wait for the US’ decision to consulate whether you will be granted an extension for your stay is difficult and stressful. It will cause you distress, especially when the visa’s expiration date is approaching; yet, you still haven’t heard a thing or an update from the USCIS. However, there are ways on how you can lessen, if not get rid of, those headaches.
Among these things is being aware of when your visa will expire and preparing all the documents needed for renewal. That is ideally six months before the stated termination date. Also, ensure that the vital documents required by the consulate are submitted completely. Furthermore, the ideal thing to do is to have an immigration lawyer to guide you with the step by step process on how you can renew your L1 visa, saving you from all the possible shortcomings you might experience during the entire renewal process. Sure, hiring an attorney will cost you quite an amount of cash. But remember, with an expert’s guidance, you will be saved from spending an immense amount of money in the long run.