L1A visa approved in the current environment
 

Hi everyone

A few weeks ago, I was offered an opportunity to relocate to our company’s HQ in US. My company is a large American multi-national and has L1 blanket approval. However, the Presidential Proclamation 10052 created huge uncertainty about the feasibility of the move for us. As we were discussing the move the US gov’t issued some exceptions to P.P 10052 primarily concerning travel that would be in the national interest – there are some specific criteria laid out for each visa category

We applied for the L1A and L2 (for family) under this national interest exception and are happy to report that our visas were approved recently!

I know that there is a lack of information on the whole L1/H1 type visa processes in the current environment and thought it could be useful others to share this. See some additional details on the process:

Part of the criteria is that you need be a senior level exec or manager filling a critical business need for an employer in a critical infrastructure sector. The US Gov’t has issued a list of critical infrastructure sectors

Additionally, when you fill out your DS-160 application you cannot just go ahead and book your appointment. The Embassy reaches out to you and asks for additional information that you need to submit to make a case for why you believe the national interest exception applies to you. Once they have reviewed the additional information, they will then determine whether to grant you an appointment or not. We found the US Embassy to be very responsive and they came back the same day confirming we could book our appointment after we had shared the additional information

Overall the process was quick and my company and the lawyers were on the ball which was very helpful

Now the hard work for the move starts!

Re: L1A visa approved in the current environment
 

Care to share what 'critical infrastructure' you work in?

Re: L1A visa approved in the current environment
 

Congrats! I think you're the first person on the forum to have got an L1 under the new exemptions, so your experience will no doubt be useful for others.

Best of luck with the move.

Re: L1A visa approved in the current environment
 

Here's a challenge for today - try to find a business that doesn't fall under one of the critical infrastructure exemptions. :rofl: .... Other than entertainment, food service and hospitality, of course. :(

Re: L1A visa approved in the current environment
 

Thx christmasoompa!

Agree with Pulaski that there are a broad no of sectors covered under this. Assuming your company is covered under this what you have to do is make a case i) why your position is critical to the business and ii) why do they need to hire you specifically - in other words why someone else already in the US cannot be hired. For e.g. have you you spent multiple years with the company abroad and have developed specific knowledge and expertise within the company

Re: L1A visa approved in the current environment
 

Congratulations on the visa - did you then have to wait for permission to travel, as well? Got my L1A interview next week.

Re: L1A visa approved in the current environment
 

Thx chas325! Have not been told we need to seek permission to travel. It maybe because where we are currently based there are no restrictions to travel to the US

Re: L1A visa approved in the current environment
 

ah ok - I thought if you’d been in the UK in the 14 days prior you can’t travel to the US?
I guess we’ll see what they say on Tuesday!

Re: L1A visa approved in the current environment
 

I believe if you are in UK you cannot travel to the US directly. Your employer/relocation company should be able to advise you on potential options. For e.g. we have been told that we can't even transit through UK or Schengen area

Best of luck with the interview!

Re: L1A visa approved in the current environment
 

Thanks, will update on here when I have more info. Our lawyers advised we need to state department to travel once we have the visas. So lets see!

chas325 How did your interview go? We have L1A blanket application interview scheduled for next week. Would appreciate any pointers?

Sir Humphrey Thanks for sharing your experience. We have interview next week and was very pleased to know that we are not only ones.

Could you share specific interview questions at the Counselor and any must have questions/documentation to prepare in advance before the interview?

Re: L1A visa approved in the current environment
 

Hi,
Was OK - Embassy very quiet. First we went to a window where they checked the passports vs DS160 etc. Scanned the photos we'd taken. They also asked if it was a blanket L1A or an individual (we were individual). Fingerprints taken.

Then we waited again and about 45 mins later got called to another desk for the "interview". I was asked how many reportees i'd have, and how many people in total. Also, which city the office, and what's my job title. They asked how long i'd been with the Group and where the group head office is (it's not an American company).

The officer then told us everything looked fine, and he couldn't see a reason why it wouldn't be approved, but due to the Pandemic they can't tell us there and then as there are extra administrative processes to follow. He wasn't going elaborate so after asking once for further info i didn't ask again. We wondered if it was do with the travel ban...

Anyway, he said we were done and kept our passports and said they'd be in touch but couldn't offer anything other than "as soon as they can".

Hope that helps.

Re: L1A visa approved in the current environment
 

chas325 : Thank you. Really appreciate it. Hope you hear back soon. Please keep us posted.

Re: L1A visa approved in the current environment
 

Will do - yep we hope so too!
Regarding documentation - take everything they listed you need on the booking - we had marriage certificates, birth certificates etc but didn't need any of it. That's not to say you may not need them when it comes to it!

Re: L1A visa approved in the current environment
 

@chas325 : Thank you this is great feedback. One more question, if I may ask. What case did you make to get this interview? I am assuming its a national interest exception.

Re: L1A visa approved in the current environment
 

Yes, it's NIE. Food & agriculture.
What about yourself?

Re: L1A visa approved in the current environment
 

thank you, yes it is Healthcare. What evidence did you collect to show NIE? Were there questions asked on "Why it is time sensitive?", "What is the NIE?" etc.,? trying to gauge how much they will grill us...

super appreciate the response!

Re: L1A visa approved in the current environment
 

we prepared the same as that. They didn't ask anything about that yesterday - i think if you've got an interview they've accepted you as NIE. The did ask what date we wanted to travel and if we had flights booked, then wrote the date on a form on bright paper which disappeared on top of our passports and the shet said NIE in big letters on the sheet. So i am working on the theory the NIE is successful.

Re: L1A visa approved in the current environment
 

That is great feedback. We don't flight booked. We did state it in the NIE letter as well that until visa is booked, we cannot book tickets.

Re: L1A visa approved in the current environment
 

Same here - i was quite interested that they asked that as I thought it would be odd to book flights before you had a visa. But anyway!

Re: L1A visa approved in the current environment
 

Best fo luck with your interview Riyagha!

The attorneys had prepared the full documentation package for us to take to the interview. The main docs that the Counselor asked for were Form I129-S, original marriage and birth certs for kids (luckily we had also taken originals along with copies), Some info on my job and responsibilities - I had a letter from my company that laid out my role and responsibilities, why my role is critical and why I am best placed to fill this role as well as information on the company. They could ask for other information so best to contact your attorney and they should provide with a detailed checklist and a full document package

Qs were primarily around my existing role, how many people report to me currently and in the new role, information about my new role in the US, where I will be based and length of assignment

Re: L1A visa approved in the current environment
 

chas325 - Did you hear back from US embassy?
We are also in same boat where after interview the passport was kept and the VC said that we need some more time for extra administrative processing.

Re: L1A visa approved in the current environment
 

Hello,
nothing yet - a week today we were there. Our lawyers say they can request an update but they don't want to push and then get it rejected. I think it's just a waiting game.
Did they tell you how long - they told us they'd do it "as soon as they could".

Re: L1A visa approved in the current environment
 

The VC said it will take 1 week.

Re: L1A visa approved in the current environment
 

Well, fingers crossed i hear soon then!

Did you have to goto the two counters - one on the right as you go in then wait to be called to the left one? Did they ask you much?

Re: L1A visa approved in the current environment
 

Yea fingers crossed. Keep us posted if you hear back. The VC said extra administrative processing is to see if your are eligible for NIE and that the decision is made by someone on the top.

Yes, we went to 2 counters, I guess standard procedure. We were asked lots of questions (15 mins or more), from why NIE to why you are travelling, salary, job description. Main question was on why i am transferring from H1b to L1A.

Re: L1A visa approved in the current environment
 

Will do!

Re: L1A visa approved in the current environment
 

also, what is your DS-160 status showing as? Mine is showing as 'refused' but I think it is because it went for admin processing...

Re: L1A visa approved in the current environment
 

Yep, same - they did tell us when we were there it would show as refused until they had finished the processing.

Re: L1A visa approved in the current environment
 

chas325 Hope you are doing well. Checking if any updates on your end. Nothing on our side as of today.

Re: L1A visa approved in the current environment
 

Hi Riyagha
all ok here thanks - but nothing from the Embassy :-(

Re: L1A visa approved in the current environment
 

That being said during the afternoon the status of my DS-160 on the portal has gone from Denied to "Administrative processing"

Re: L1A visa approved in the current environment
 

Same here. Even my DS-160 status as of today afternoon got updated from 'Refused' to "Administrative Processing". Fingers crossed. Hope its moving in right direction.

Re: L1A visa approved in the current environment
 

interesting they updated at the same time even though there was a week between our embassy appointments! Fingers crossed here too

Re: L1A visa approved in the current environment
 

In pre-covid times that often used to mean that the visa "foil" was being printed and stuck into the passport. Hope that is still the case and it changes to issued for you quickly.

Re: L1A visa approved in the current environment
 

thanks for the info Lizzyq. Any chink of hope after all this time is a great help. I got my I797 (I think that’s the number) form from the US back just before all the embassies closed -literally a couple of days!

Re: L1A visa approved in the current environment
 

chas325 riyagha Any updates? For us it took a couple of weeks after our appointment to get the passports back with the visas

Re: L1A visa approved in the current environment
 

Sir Humphrey Still under administrative processing. Thanks for letting us know that it took couple of weeks in your case too. Hopefully we will hear back soon. Thanks

Re: L1A visa approved in the current environment
 

chas325 Our status got updated to "Issued" today afternoon. Please check yours and share the good news :)

Re: L1A visa approved in the current environment
 

yes, same for us! Congratulations to you!! We got the email from the delivery courier too that they will arrive tomorrow. No information on the travel ban or if any special terms to travel are being imposed though..