I am appealing an L1 visa denial, how long does this take? Is it likely to be approved?

Asked about 2 years ago - Usa, Mobile, AL

The visa has been denied based on me being a 'functional' manager rather than an exucutive manager. The company is small, hence why all roles have to be covered by me or one other.

Attorney answers (4)

  1. Jeffrey Adam Devore

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You, as the beneficiary of an L-1 petition, cannot appeal the denial.
    Only the petitioner (in this case your employer) can appeal. In any
    event, appeals to the USCIS Administrative Appeals Office for L-1 denial
    are presently taking approximately 22 months. Keep in mind that then
    pendency of an appeal does not grant you lawful status in the United
    States.



    Often it can be a better option to either file a new petition or skip
    the AAO altogether and file an action in Federal Court. I suggest you
    consult with an experienced immigration attorney who can review your
    case and advise you how best to proceed.



  2. Toni Maschler

    Contributor Level 11

    1

    Lawyer agrees

    Answered . If your employer still wants to sponsor you, they should file a better documented new application and forget about the appeal

    This general information does not establish any attorney-client relationship. There may well be factors not... more
  3. Gen Kimura

    Contributor Level 18

    Answered . It depends on the strength of the evidence presented to the USCIS.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  4. J Charles Ferrari

    Contributor Level 20

    Answered . Appeals can take more than a year.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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