L 1 What if the visa is refused?

Within 30 days after receiving the notice of refusal from L 1, you can choose the following methods:

(1) Appeal;

(2) Applying for reconsideration and confirmation;

(3) Apply for reconsideration and retrial.

If you think that the Immigration Bureau is wrong, you can choose to appeal; If you want the Immigration Bureau to review your application, you can choose to review it; If you want to add new materials that were not submitted the first time, you can choose to try again.

The visa application for L 1, whether submitted to the domestic immigration bureau or submitted to foreign embassies and consulates, may be refused. There are various reasons for refusal, some are remedial measures, and some are irreparable.

(1) The application to the Immigration Bureau was rejected.

When an employer's application for L 1 visa to the Immigration Bureau is rejected, the Immigration Bureau will issue a written notice of refusal, which will specify the reasons for refusal and the procedures and requirements for the employer to lodge a complaint. In this case, the employer can make a choice on the basis of studying the reasons for refusal.

Generally speaking, the employer's application is rejected by the Immigration Bureau, mostly because the materials submitted by the employer are insufficient or the company is too small, or the Immigration Bureau has doubts about the employer's ability to pay employees' wages. However, no matter what the reason, if the employer thinks that the reason for refusing the visa is not serious, he can supplement and submit new supporting materials, pay the application fee and write a reconsideration letter, which is technically called "reconsideration application" and ask the immigration bureau to "reconsider" his application. In most cases, as long as the new materials submitted can prove strong, they will generally be re-approved by the immigration bureau. Please refer to other similar letters for the format of the letter "Reconsidering Party A".

However, if the employer thinks that the materials submitted by it are sufficient and powerful, and the reasons for the refusal of the Immigration Bureau are untenable …, it may choose to appeal. Basically, the complaint is that the Immigration Bureau refuses to accept the decision and asks its superior department to make a ruling. Complaints should be filed within the time specified in the notice of the Immigration Bureau (usually 30 days). The employer should send a letter stating the reasons for the complaint, together with the notice of visa refusal from the immigration office and the complaint fee of $ 1 10 to the same immigration office that issued the notice of visa refusal. The complaint materials will be forwarded by the Immigration Bureau to the Administrative Complaints Office of the Immigration Bureau in Washington. Complaints are usually notified of the ruling within six months, sometimes longer. But there are few successful cases, generally less than 5%.

If the complaint fails, but the employer still refuses to accept it, he can bring a lawsuit to the federal court. The lawsuit must be filed after the first lawsuit fails, and the federal court will not accept the lawsuit without a complaint.

(2) The application for a US visa to the embassy or consulate was rejected.

In all cases of non-immigrant visa refusal by overseas embassies and consulates, more than half of the reasons may be related to the so-called "immigration tendency" applied by A. However, unlike most non-immigrant visas, when the application for L 1 visa is rejected, there are few reasons for "immigration tendency". When an applicant submits an L/KLOC-0 visa application to the embassy or consulate, as long as the company has a strong background and complete materials, it is rarely rejected. However, if an American visa is refused, most of the reasons are that the materials or conditions are untrue, the parent company is too small, the performance of the American company is insufficient, or the applicant is considered incompetent to work in the United States.

If the US L 1 visa application is refused by overseas consulates, you can't lodge a complaint. In addition, unlike the detailed written notice given by the Immigration Bureau, the refusal of the L/KLOC-0 visa application by the embassy or consulate is generally not a detailed written refusal, but a verbal notice from the consul. In this case, the applicant should make a choice based on the informed or inferred reasons for rejection. If the applicant thinks that the reasons for refusing the visa are insufficient, he can prove it by providing some new materials. He can consider writing a letter explaining the reasons for refusing the visa and the newly provided supporting materials and applying to the consulate again. If the new materials submitted can satisfy the consul, his visa can still be approved. Of course, if you are asked to provide some materials when applying for a visa, it is not a refusal. The applicant shall submit the required materials as required.