Overcoming L1 Visa Cancellations: Strategies and Solutions

L1 visa cancellations can disrupt careers and business operations, especially for multinational employees transferring to the United States. Common reasons for L1 visa cancellations include failing to maintain status, company restructuring, termination of employment, or perceived violations of visa terms. If your L1 visa has been canceled or is at risk of cancellation, understanding your options and taking timely action is critical to protecting your immigration status and future plans.

One of the most common strategies after an L1 visa cancellation is exploring options to remain in the United States under a different visa category. If you meet the eligibility requirements, you may consider applying for an H1B visa (if available), an F1 student visa, or a dependent visa such as L2 if your spouse holds valid status. Transitioning to a new visa category often requires demonstrating eligibility and filing the appropriate petitions before falling out of status.

For individuals facing L1 visa cancellation due to issues with the sponsoring employer, it may be possible to challenge the cancellation. This could involve providing evidence that the company continues to meet the L1 program requirements, such as maintaining qualifying relationships between U.S. and foreign entities and supporting valid employment in an executive, managerial, or specialized knowledge role. In some cases, submitting additional documentation or appealing the decision can resolve the issue.

Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR indicates that the government is considering revoking your visa or an approved petition due to concerns such as misrepresentation, fraud, or failure to meet visa eligibility requirements. Similarly, if the State Department contacts you about a potential visa cancellation, it may relate to information discovered during visa adjudication, subsequent investigations, or third-party reports. In both cases, it is crucial to act quickly by reviewing the notice, understanding the allegations, and preparing a strong response. This often involves providing evidence to rebut the claims, addressing any misunderstandings, and demonstrating continued eligibility for the visa. Legal assistance is essential during this process to craft an effective response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

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