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Immigration Issues/L1 Individual Visa held with Embassy


Hi ,

I have appeared for an L1 individual visa interview today as a functional manager and without any team member under me, also i will be working at client site.

After the visa interview the VO at the consulate asked me that he needs to review my case more and kept my passport and the L1A individual petition with her and told me that she will contact me. When i asked what will be the timeline she said there is no timeline.

Please suggest me what does this mean will my Visa gets approved or rejected ?

Thanks and regards

Dear Amit,

It is what it is, the officer needs more time to look at your visa application because it is not clearly approvable.  It doesn't mean your visa will be rejected.  I don't have any information regarding your job position but I know that you will be working at client's site.  There may (or may not) be an issue with employer-employee relationship.  There is a memo on this issue from USCIS in 2008/2009.  However, it seems that USCIS did not think that was an issue, as your L1 petition was approved by USCIS.  The VO can, however, make a different finding if he/she believes it to be an issue.

I think (totally my unsolicited opinion) that your case may be better as an L1b because I think you will be applying speicalized knowledge in your line of work and you don't really function as a "manager."  Again, I don't have the details to your case so this opinion may be unhelpful.

Going back to your question "does this mean will my Visa get approved or rejected."  Essentially this question is not answerable based on the information you provided.  Hopefully my opinion helps you understand where you stand with your application.  

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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