Can I travel to the U.S. while waiting for an L1 visa? This is a common question among individuals who have been granted an L1 visa petition but are still awaiting approval. The answer to this question depends on several factors, including the specific circumstances of the visa applicant and the nature of the L1 visa itself.
The L1 visa is a non-immigrant visa category designed for individuals who are being transferred to the United States by a parent company to work in a managerial, executive, or specialized knowledge position. There are two types of L1 visas: L1A for intracompany transferees with executive or managerial experience, and L1B for individuals with specialized knowledge.
When considering whether you can travel to the U.S. while waiting for your L1 visa, it is important to understand the following points:
1. Visa Petition Approval: Before traveling to the U.S., you must have your L1 visa petition approved by the United States Citizenship and Immigration Services (USCIS). Once the petition is approved, you can apply for the L1 visa.
2. Visa Application: After the petition is approved, you can apply for the L1 visa at a U.S. embassy or consulate in your home country. You will need to schedule an interview and submit the necessary documentation.
3. Travel Restrictions: While waiting for your L1 visa, you may travel to the United States on a B-1/B-2 visa (business or tourist visa) if you have a legitimate reason to visit. However, it is important to note that entering the U.S. on a B-1/B-2 visa while your L1 visa petition is pending may not be advisable, as it could potentially complicate your L1 visa application process.
4. Visa Waiver Program: If you are eligible for the Visa Waiver Program (VWP), you may travel to the U.S. without a visa. However, the VWP does not apply to L1 visa applicants, so you cannot enter the U.S. on a VWP while waiting for your L1 visa.
5. Travel During the Visa Application Process: If you have already applied for the L1 visa and are waiting for approval, you may travel to the U.S. as long as you have a valid passport and a valid B-1/B-2 visa (if applicable). However, it is important to keep in mind that entering the U.S. on a B-1/B-2 visa may not be the best course of action, as it could potentially delay the processing of your L1 visa.
In conclusion, while you can travel to the U.S. while waiting for an L1 visa, it is essential to consider the potential risks and complications that may arise. It is advisable to consult with an immigration attorney or a qualified expert to determine the best course of action for your specific situation.
