L-1A Visa

L1 221(g) Administrative Processing – What You Need to Know

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If you’ve been told your L-1 visa is in 221(g) administrative processing, you’re not alone and you’re likely searching for answers. Each year, thousands of L-1 applicants are handed a 221(g) slip after their visa interview, meaning their case has been delayed for additional review or documentation. While this isn’t a final denial, it often leads to uncertainty, delays, and even rejection if not handled properly. Many clients have come to us after receiving 221(g) refusals, and we’ve successfully helped them navigate the process and secure visa approvals.

Applicants frequently ask:

  • What is 221(g) administrative processing for L-1 visa?
  • How long does L1 221(g) take?
  • Why was my L-1 visa delayed under 221(g)?
  • Is 221(g) a visa refusal or denial?
  • Can I work or travel during 221(g) processing?
  • What documents are needed after 221(g)?

Why Was Your L1 Visa Placed in 221(g)?

There are several common reasons for L-1 applicants to receive a 221(g) notice:

  • Lack of documentation: The consulate may require additional evidence about your employer, job duties, or prior employment history.
  • Verification of employer details: Especially in L-1B specialized knowledge cases, consular officers may want to verify the legitimacy of the U.S. or foreign entity.
  • Concerns over managerial role: For L-1A applicants, questions may arise about whether the applicant’s role truly meets USCIS standards for “executive” or “managerial” capacity.
  • Security or background checks: Certain occupations, nationalities, or keywords may trigger enhanced vetting procedures.

What to Expect During 221(g) Processing

Once your case is placed in 221(g) administrative processing, you may receive a blue, yellow, white, or pink slip, each indicating the reason and whether action is required on your part. In many cases, you’ll be asked to submit documents such as:

  • Detailed job descriptions;
  • Organizational charts showing your role;
  • Company tax returns or financial records;
  • Employment verification letters; or
  • Proof of previous work with the sponsoring entity

Administrative processing can last anywhere from a few days to several months, depending on the complexity of the case and whether government vetting is required. If no documents are requested and you were told to “wait for further instructions,” it typically means background clearance is underway.

How to Handle L-1 221(g) Effectively

If your visa case is stuck under 221(g), time is of the essence. Any delay, missing document, or poorly framed response can quickly turn into a denial. This is not the stage to take chances. Our team has successfully guided many L-1 applicants through 221(g) by pinpointing the exact issues, strengthening weak documentation, and submitting responses that are clear, complete, and compelling to the consulates. With the right strategy, we can turn a setback into an approval.

If your L1 visa is stuck in 221(g) administrative processing, don’t wait in uncertainty. Reach out to our office at 305-515-0613 or email info@messersmithlaw.com. We’ll help you understand what’s causing the delay, guide you through the response process, and give your case the best chance of moving forward.

Overcoming L1 Visa Cancellations: Strategies and Solutions

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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.

From L1B Visa to H1B Visa

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I am currently on L1B visa and it expires in September 2012. I want to apply for H1B visa.

My qualifications:

Bachlors Degree: Computer Science

IT experience: 4 years. (in consulting)

Current Location: Los Angeles(CA)

Questions:

1. What are the chances of getting H1B visa?

2. How can your firm help me out in getting this visa?

3. Along with visa do you also provide job?

You are certainly qualified for an H1B visa. You will just need an employer to offer you a proper position and agree to sponsor you. We do assist in finding H1B sponsors as well as process the visa paperwork. There is a six year limit for people in H1B and L1 visa status so depending on how long you have been in L visa status, you may not be eligible for a full three year H1B. Please contact our office for more information.

Nonimmigrant Employment While EAD Application is Pending

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Right now I am working with a L1A visa status and my company wishes to apply my green card. I know I can get the EAD but and thinking I can work with my L1A until the green card is approved. Is this ok? Also, can you help me with the green card? My company and me are not happy with our previous immigration lawyer.

Yes, you can continue to work on your L1A as long as it is valid and you can even extend the L1A visa status while the green card application is pending. It is actually a good idea not to get the EAD card. If you use the EAD card to work for someone that is not your L1 visa sponsor then you will violate your L1 visa status and if your green card application is denied then you will be out of status. Unless there is a particular reason you need the EAD such as in cases where the L1 visa is expiring you do not wish to extend or don’t qualify for an extension, then you can avoid applying for it.

We’ll be happy to assist you with your application. In the past 12 months, we have been securing many EB1 green card approvals in 2 months or less through regular processing (no extra premium fee required) and should be able to help you. Please send us a copy of your resume and details regarding your company

L1 Visa Application Where the US Office is Unprofitable

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I work for a company that has an office in Chicago — our main office is in Athens.  They want to transfer me to our Chicago office but I wonder if it will be possible!  The main company is profitable but the Chicago branch is losing money!  Will it be possible?

Profitability is certainly one factor to determine not only the personnel needs of the branch but also the company’s ability to pay your wages.  In many cases, foreign company’s with US branches will assign US based profits overseas to avoid taxes.  We must take into account the totality of the circumstances and look at other positive factors that will support your application.  We’ve handled many similar L1 visa applications and have been able to secure the visas.  It can be dealt with and approved.

Proving the Validity of a Common Law Marriage

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My L1A visa application was just approved and I need to go to the US Embassy in London to get the visa stamp.  The issue for me is that my wife and I have a common law marriage so we don’t have a marriage license or certificate.  How do we show that we are married?

While immigration law does recognize common law marriages, I’m not sure how you would document that you qualify.  The easiest solution to your problem would be to go get a marriage certificate.  Then you can produce that at the interview.

L1 Visa Stamping Delays

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My company filed an L1 visa application for me which was approved in September of 2009. I went to apply for the L1 visa stamp in Madrid but was told that they could not issue the visa due to an “internal administrative process.” What is an internal administrative process? Does this mean that they will not issue the visa? Can I go to another Consulate to apply?

We’ve seen this type of issue before and it has always been related to either an FBI name check issue or anti-fraud measure that required a site visit by a USCIS hired private investigator. I would not recommend applying for the visa stamp at another Consulate until this is resolved. In our experience, it typically takes 1-2 months to complete the review.

L1A New Office Petition

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My brother and I have a company in Brazil. We have 12 employees and an annual turnover of about $500,000 USD. I want to come to open an office in the US using the L1 visa. Is this possible for a small company like ours?

While it certainly makes the case easier if your company were larger, the issue in your case would be how to show that your role in the US enterprise is managerial or executive in capacity. The number of employees in the foreign parent company or in the new US enterprise is not dispositive and we have handled many L1A new office applications where the L1 visa applicant will be the sole employee for the first year of operations.

Company Relationship Requirements for the L1 Visa

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I have a B1 visa right now and I am in negotiations to purchase a US company. I have a company in Brazil that is looking to expand and found some opportunities here. What kind of visa can I get if I buy this company?

If you have worked for the Brazilian company for one year out of the last three in a managerial or executive position then you will be able to obtain an L1A visa. Many people believe that L1 visas are impossible in new acquisition scenarios but that is not the case. There is no time requirement for the relationship between the US company and the foreign company.

L-1B Visa

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My company wants to transfer me to the US. My job title is software engineer. I read on your website that I can get L1 visa to transfer but I am not a manager. Is it possible?

You may qualify for an L1B visa provided that you worked for this company for one year of out the last three years and your job requires “specialized knowledge.” Specialized knowledge refers to:

  • knowledge of products, services, research, equipment, techniques, management, or other interests and its application in international markets, or
  • an advanced level of knowledge or expertise in the employer’s processes and procedures, such as the ability to train others or perform specialized knowledge services in areas such as software, service and repair of products, and improving manufacturing methods