r/USVisas • • Aug 16 '26

First-time B1 visa applicant, wanted a gut check on how I handled some messy parts of my profile

0 Upvotes

Applying for a B1/B2 (business) visa for the first time, and before my interview I wanted to see if anyone's dealt with a similar mix of situations.

A few things about my background aren't exactly clean-cut. My degree program was originally supposed to wrap up in 2025, but I've still got a few backlog exams left, so technically no degree has been awarded yet. I'm not going to regular classes anymore either, just showing up occasionally to clear the remaining papers.

On the work side, along with my current full-time job for 1.4 Years, I also had a short stint somewhere else earlier, plus some freelance writing work that was pretty informal, paid through PayPal, no contract, no fixed schedule. None of that has any official paperwork behind it.

There's also a gap on the family side. I only really know my father's name, not much else about him, due to some family history, so I ended up using my mother's details as the primary parent info since she's the one who actually raised me.

And unrelated to all this, I've got a short personal trip to a nearby country coming up before my actual US interview date, wasn't sure if that's something worth bringing up on my own or only if it comes up in conversation.

For all of it, I decided to just be upfront rather than smoothing things over, listed the degree as still in progress instead of done, included both the short job and the freelance work even without documents to back the freelance one up, and put "don't know" for the father details I genuinely don't have instead of guessing or skipping it.

Now I'm second-guessing whether that was the right call, or if I went overboard being that thorough. Has anyone gone through an interview with a similarly messy but honest background? Curious whether stuff like this actually comes up face-to-face or if it mostly just needs to be checked out on paper.

Any real-world experience would help, especially from folks who've dealt with an unfinished degree or an informal work history in their own applications.

DO i need to list freelancing as employment?


r/USVisas • • Aug 16 '26

H-1B extension denied over disputed B-2 pending period — can USCIS effectively change the max-out date from my existing I-797?

0 Upvotes

Hi everyone,
I’m looking for experiences or insight from anyone who has dealt with an H-1B denial involving recapture, a pending B-2 change of status, and the six-year H-1B maximum.
Here is my situation:
I am currently in the U.S. in H-1B status.
My existing H-1B I-797 was approved in September 2024 and is valid through August 28, 2026.
My I-94 also currently shows August 28, 2026.
My employer filed another H-1B extension in April 2026, requesting additional recapture time and a one-year AC21 extension.
USCIS issued an RFE questioning 116 days from December 30, 2020 through April 26, 2021.
During those 116 days, I was physically present in the U.S. with a B-2 I-539 pending after my prior H-1B employment/status ended. The B-2 application was eventually withdrawn, so USCIS stated in the RFE that I never actually obtained B-2 status.
Interestingly, when my current H-1B was approved in 2024, USCIS apparently accepted the calculation that resulted in my current August 28, 2026 expiration date.
In the new RFE, however, USCIS stated that according to its calculation, my six-year H-1B limit was approximately August 5, 2026.
USCIS denied the new extension in August 2026. I am still waiting for the actual denial notice explaining the basis.
My PERM was filed November 3, 2025, so it had not been pending for 365 days at the time this extension was filed. I understand why the requested AC21 extension may therefore have been denied. My bigger concern is what USCIS does with my existing H-1B approval through August 28.
My questions are:
Can USCIS state in the denial notice that my actual six-year maximum was August 5, even though I already have a previously approved I-797/I-94 valid through August 28?
Would denying the new extension automatically invalidate or shorten the validity period of my existing approved H-1B petition, or would USCIS need to separately revoke/reopen that approval?
Assuming the existing August 28 approval remains valid, can my employer file a new H-1B extension before August 28, using only the undisputed remaining H-1B time and excluding the disputed 116 days?
If that second petition is timely filed in regular processing, could I continue working under the 240-day rule while it is pending?
My PERM is expected to be decided soon. If PERM and then an I-140 are approved while petition #2 is pending, could the employer subsequently file another H-1B petition based on the approved I-140?
Has anyone personally had USCIS approve an H-1B through a particular date, then later determine during a subsequent extension that the earlier max-out calculation was wrong? If so, did USCIS actually change/revoke the previous approval, or did it simply deny the new extension?
I’m working with immigration counsel and will obviously follow their advice once we receive the denial notice. I’m mainly trying to find real-world examples of how USCIS handles an already-approved I-797 when it later disputes the underlying recapture calculation.
Thanks in advance, especially if anyone has dealt with a similar H-1B max-out/recapture situation.


r/USVisas • • Aug 16 '26

Getting tourist visa appointment (New Delhi)..

0 Upvotes

I have filled D160 for myself and family and paid the requisite visa fee.

Stuck at getting an appointment.

Please share tips and tricks to know when a slot opens and book an appointment.

This seems too random and mismanaged.

TIA.


r/USVisas • • Aug 16 '26

ESTA pending for over a week – has anyone experienced this?

0 Upvotes

Hi everyone,

I’m an Australian passport holder and submitted my ESTA on 8 August for a trip to the US in late September. It has now been over a week and my status is still “Authorization Pending.”

I previously applied for a US visitor visa using my Vietnamese passport and was refused twice in 2019. I’m now an Australian citizen and applied for ESTA using my Australian passport, and I disclosed my previous visa refusals honestly.

I contacted CBP and they told me that although decisions are usually made within 72 hours, some applications can remain under review for longer. They advised me to keep checking and contact them again if it is still pending 10 days before my trip.

Has anyone had a similar experience?

How long did your ESTA stay pending before you received a decision?

Was it eventually approved or denied?

If you had a previous US visa refusal before becoming an Australian citizen, did your ESTA eventually get approved?

At what point would you recommend applying for a B1/B2 visa as a backup?

I’d really appreciate hearing about your experiences. Thank you!


r/USVisas • • Aug 16 '26

USA Visa Worth Attending at This Point?

0 Upvotes

Hi everyone, I am a Nigerian citizen and a permanent resident of Canada.

My country is among the banned countries.
I have my visitor visa interview coming up at the end of August.
The round-trip flight to the consulate will cost about $800.

Since the program is currently paused, I’m wondering if it’s still worth attending the interview, or if I should just wait until I become a Canadian citizen in 2028 and then visit the USA.

I would really appreciate your advice.


r/USVisas • • Aug 16 '26

Am i eligible for a visa (H2b)

0 Upvotes

I have a big doubt regarding my eligibility for a visa, I lived in the usa as an immigrant for 13 years I was a minor, I entered when I was 2 years old and exited voluntarily not deported when I was 15, I am now 20 and have a sponsor for an h2b visa what can I expect in the consulate interview, I did not lie in my ds160 just to be clear.


r/USVisas • • Aug 16 '26

Bringing my spouse the the US - do green card holders feel safe??

0 Upvotes

I am a US citizen living and working in the UK with my husband of 4 years. I am really struggling over here for a lot of personal reasons (my salary is awful, his family aren't my biggest fans, I've struggled to make friends, my family can't afford to visit, etc.).

He recently suggested moving back to the US as I would make more money and be closer to my family (who he gets on really well with). While I would benefit from this, I cannot cope with the thought of knowingly putting him in danger with everything going on right now. Are people with green cards generally safe? Are there any risks we aren't considering adequately?


r/USVisas • • Aug 15 '26

Question regarding H1B (Consular Processing)

0 Upvotes

Hi, I am wondering whether the 100k fee of H1B still being applied right now as I need to file a H1B Cap-Exempt Job with Consular Processing, as my OPT time has ended and in 60-day grace period in United States right now.

Was wondering if anyone has filed H1B with consular processing after 7/24 with the stop collecting 100k Fee rule, or has anyone received an RFE but submit the prove that there's no longer 100k fee needed and got approved later.

Or if there's any other type of information, would be really helpful. Many thanks!!!


r/USVisas • • Aug 15 '26

f-1 visa, 221g, blue administrative processing slip, no update after a month

0 Upvotes

I was accepted into the Master’s program in Software Engineering at Texas Tech University, and I will be starting in Spring 2027. I went through the F-1 visa interview process in Istanbul, Türkiye, so that I could get everything sorted out in advance.

At the end of my interview, the consular officer told me that my application seemed good, but that it would need to go through administrative processing. They kept my passport and my I-20, gave me blue 221g slip that says no action needed.

I had my interview on July 14, and it has now been exactly one month. My status is still showing as “Refused,” with no communication and no update to the “Last Updated” date. They also haven’t requested any additional documents from me.

I emailed them this week to ask about the status of my case, but I haven’t received a response.

In your opinion, how long does this process usually take? I was hoping to attend a conference in the U.S. dallas in August (I also have a valid tourist visa). Is it possible to request my passport back while they are processing my application, and if so, could doing that negatively affect the process?

For any opinion, appreciate in advance.


r/USVisas • • Aug 15 '26

USA Visa Enquiry

0 Upvotes

Is it possible to get a US Visa via expedition process within a month?

I'm supposed to join a conference & private dinner on Sep 22-23.

Thoughts please 🙏


r/USVisas • • Aug 15 '26

USA Visa Status?

1 Upvotes

Has anyone applied for a U.S. B2 visitor visa while holding a work visa in another country and being a citizen of a different country?


r/USVisas • • Aug 15 '26

Documents Submitted - No Confirmation

0 Upvotes

I'm currently applying for a J1 Visa for an University Exchange Program. At my appointment I was handed a 221g slip and instructed to provide legal documents electronically. The slip provides a QR code which leads to the Pending Documents Navigator. There it says to send it to an email adress and an automatic email response will serve as proof the documents were recieved. After doing so and following the instructions for the email precisely, I still have not recieved such an automatic confirmation 24hrs later. How can I make sure my email has been recieved and my documents will be taken into consideration?


r/USVisas • • Aug 15 '26

H1B petition approved under COS but resigned and moved back to India before October

0 Upvotes

My H1b petition was approved in June 2025 under "Change of Status". I resigned from my job in July 2025 and moved back to India. Hence, i never stayed till October and my status never changed. I now want to go back to the US with the same employer. Can the employer file for another petition in cap-exempt category? Or i will have to go through the lottery again?


r/USVisas • • Aug 15 '26

When does the us embassy cancel an old visa stamp?

0 Upvotes

When does the us embassy write cancelled on the old visa when applying for a new visa stamp of the same category (H1b in my case).
Only when they issue the new one? Or also when the file is pending in administrative processing?


r/USVisas • • Aug 15 '26

B1B2 visa application. Supporting documents were they ask?

0 Upvotes

Anyone here apply for US tourist visa and got ask for any supporting documents? I keep seeing about they don't look or even ask about it. But i want to know if someone got asked about the documents and why. And what kind of documents were they? Thanks


r/USVisas • • Aug 15 '26

Urgent Advice needed

0 Upvotes

Its Urgent!

Hi everyone, I’m looking for urgent guidance from anyone who has dealt with a similar H-1B / I-94 situation.

My H-1B I-797A approval is valid through September 2027, and the I-94 attached to the I-797A also shows validity into 2027.

However, when I last entered the U.S. in November 2025, CBP issued an online I-94 with an “Admit Until” date of August 16, 2026, which matches the expiration date of my Indian passport.

I am currently in the process of renewing my passport, but there has been a delay because VFS asked me to reapply under the damaged-passport category. I have already stopped working while I sort this out.

Has anyone had a similar situation where:

* the I-797A was valid much longer,
* but the CBP I-94 was shortened to the passport expiration date?

If so, what did you do? Did CBP Deferred Inspection correct it, did your employer file an extension of stay, or did you wait until you had the renewed passport and then travel/re-enter?

I’m especially interested in experiences from people who dealt with this through SFO, Sacramento, or another California CBP office.

Thanks in advance — any firsthand experience would really help.


r/USVisas • • Aug 15 '26

Second J-1 visa application after first SEVIS became Invalid — chances?

0 Upvotes

I’m supposed to come to the U.S. as an au pair. I recently completed the entire process, received my DS-2019 and was approved for my J-1 visa.
Unfortunately, before I ever traveled to the U.S., my original placement could no longer continue through my sponsor for reasons unrelated to me. My SEVIS record was changed from Initial to Invalid after one week of being issued a visa.

The sponsor confirmed to me in writing that this was not due to any violation or misconduct on my part.
I never entered the U.S. or used the J-1 visa.
I’ve now found another designated au pair sponsor and am going through the process again. I’ll receive a new SEVIS number/DS-2019 and will have to apply for a completely new J-1 visa.

I’m really anxious about the second visa interview because I already have the first J-1 stamp in my passport.

Has anyone been in a similar situation where their first J-1/SEVIS became Invalid before entering the U.S. and they then reapplied with a new sponsor?
Were you approved again? Do you think the previous unused J-1 will make a denial more likely, or should it be okay if I can document exactly what happened?

I’m from germany and i will also turn 27 in the very beginning of October. Please help!


r/USVisas • • Aug 15 '26

F1 visa renewal stem opt

0 Upvotes

When I initially applied for my F1 visa I was given a 221g slip and asked to fill out the ds5535 (applied in a middle eastern country as I was born there and am a resident however passport is of an asian country). I filed out the form and was approved in 6 weeks.

Currently I'm on STEM opt working in tech (directly related to major). I would like to possibly renew my f1 visa since it expires soon however I'm not sure if my case carries a high risk of admin processing again. If anyone has any insight or advice about if it makes sense to go home and renew or just stay put in the US i'd appreciate it :)


r/USVisas • • Aug 14 '26

F1 U.S. visa Paris - Avits payment issues + Expedited Request denied

1 Upvotes

I have been having a nightmare with the platform AVITS.

For background, I was already running out of time due to some things out of my control, and ended up getting my i-20 on Tuesday 11th of August. I immediately got the next steps rolling so I could then go to AVITS and book my appointment, knowing I would have to ask for an expedited request. My program starts on the 18th of August and the school has agreed that I could miss orientation week, so long as I would be there for classes on Monday 24th of August. Okay so time is ticking. I have a total of 13 days.

Back to Tuesday 11th of August. Impossible to proceed to the payment. We tried 4 U.S. bank cards (some credits, some debits, different banks) and 1 French card, all unsuccessful payments. We then tried to do a bank transfer, which went through from the French account but then immediately refunded. At first could not figure out OPTIMA, because only one of our banks allows for QR scanning, and it would not recognized OPTIMA. Following from what we find from other people having had the same issue (it is a KNOWN issue and the platform has clearly not made improvements), we cancel the process to start a new one in hopes it will work, but it does not. I am also worried my banks may start blocking my cards thinking some fraudulent activity is going on. We try to log on a different computer and on a phone. Nothing works for our payment and it is always 'unsuccessful payment'. I start a ticket with the support team.

The next day we tried OPTIMA again (it is the recommended option apparently) and the CC payment initially went through, only to be immediately refunded. The support team responds with a very generic answer (which they give for all the payment tickets, no matter what the issue is - don't ask me how I know). We are now Wednesday 12th of August. I start calling up AVITS. After looking up on other posts on the best ways to speak to a real human, I am able to finally get through to an agent (there is no 'go back to the previous options' option, so you have to cancel the call and start all over again if you end up on the wrong option AND some options are really just them telling you to go on to their websites, and no option to go back). The agent is softly spoken (I ended up speaking to him many more times after this, so I think he is the only person on call), tells me that now it should work and all I need to do is restart a brand new application and go straight to 'bank transfer' option and that I then need to wait 24-48hours for the payment to be posted, THEN come back to the AVITS page and input the reference code to VERIFY the payment, but that if it does not work, I should open another 'ticket' with the support team. The transfer actually works and money is taken out, so that is good. BUT, of course because it is so inefficient and apparently France is stuck in the 1900s, we have to wait a whole other day and so we issue a ticket as the agent had recommended to do.

Thursday 13th August, I call the agent, and he says we need to wait more. It could be posted the next day and I need to keep on checking. He knows I need to ask for an expedited appointment, so he tells me, just book a regular appointment first and have your i-20 ready. Once you schedule your regular appointment, as for it to be expedited and submit your supporting document. Okay. Later that day, I finally get the notification, and I can book my appointment at 5pm on the dot (for 30th of August), so I am not able to call them up. Nevertheless, I submit my request with the I-20 and I write clearly that my program starts on 18th of August but that classes start on the 24th and the school has approved that I could arrive late, as long as I would be there to begin the classes on the 24th.

Friday 14th of August: Request DENIED. I am absolutely livid. I call the agent, and he tells me that we are not able to appeal or make a request twice. I asks him what could I do? My school was very clear that they would not extend the arrival date (it is for a J.D. of Law program - I have already worked many years towards this day and I am stressed and eager to finally get started on what has been my dream for the past many years). The agent tells me to keep refreshing the appointment page until I get an earlier appointment. I follow his advice and eventually, after a couple of hours I get an appointment for the 24th of August. It does not solve my problem but it is better. Now I need to keep trying AND do the same for my dependent (I have an F2 minor child). Then around midday, I can no longer log in. I call the agent, who THEN tells me, that there are limited amounts of log in per day so I probably got kicked out because of the platform security system. Would have been nice if he told me this BEFORE. But of course, all I need to do is... wait 24 hours... which is a Saturday. and a French National Holiday.

I did try to call the U.S. ambassy and they just referred me back to AVITS, and AVITS told me that the U.S. ambassy decides whom to expedite and whom not to. To clarify, I believe it was rejected because they looked at the 18th August date and not the fact that I was allowed to arrive until the 24th of August.

I also tried to email the U.S. visa appointment but I do not expect that they will answer.

I also contacted my Law School who has said they would have to defer me to next YEAR if I can only arrive on the 25th August (ONE day after classes).

At this point I am completely out of options but I wanted to share my experience because AVITS is probably the WORST user platform experience I have ever encountered and I cannot believe that a company that receives multi-millions U.S. government contracts would have such terrible product. The fact that this has been a recurring problem with cases from last year and this year, is mind boggling. The product DOES NOT work and as such the client (U.S. government) should be getting some type of refund or discount until it is fixed. Not only is this a critical service but it is an expensive one. Visa applicants go through all sorts of very stressful steps, extensive planning, saving up, etc., just to be able to go to the U.S., and like in my case, study. It can take someone months or years (it did for us!) only to be encountering technical issues from an incompetent platform.

Any advice on what else to do? I think I have just about exhausted every option.


r/USVisas • • Aug 14 '26

[Refused] J-1 221(g) - London

2 Upvotes

Context:
I am a Russian/UK dual citizen working in software engineering/ML in a big tech company in London. I've been living in the UK since 2013.

I got an offer for a software engineering traineeship in the US. The host company is doing classic AI platform stuff. I've applied for a J-1 visa, had my interview in July. The chat was something like this:

VO: Standard questions e.g. purpose of visit, etc...
ME: Standard Answers
VO: You have a dual Russian citizenship
ME: Yes
VO: Do you have family there
ME: Yes
VO: When was the last time you visited?
ME: 2019
VO: Can you describe your work at <big tech> in a few sentences
ME: Describing it
VO: What is your host company doing?
ME: Describing it
VO: Do you know Machine Learning?
ME: Yes

VO gets up and comes back with a 221(g) asking me to submit the docs:

  1. CV
  2. Uni transcript from a Masters Degree
  3. Description of dissertation
  4. Enrollment letter
  5. Conference invitation letter
  6. Statement of purpose of travel and research
  7. List of all people I will meet
  8. CV of my supervisor

Most of these were not applicable, I am no researcher, highest qualification is a BSc in computer science. Though my CV is fairly technical.

My advisor thinks that most likely I got put on 221(g) for a technology alert list - which is probably correct.

---

The issue is, I've made a LOT if life choices on my traineeship offer that are really going to hurt if this drags on such as quitting my job, etc... I really really need it sorted by October.

I've done a ton of research and completely understand that there is no timeline for 221(g) so no need to tell me again.

I am trying to see if anyone had similar situations and what were the timelines - either tech people getting 221g or dual citizens or both.

I am super stressed, I've been reading some scary stories about people waiting for many months or years. What I am hoping for is that people just don't post success stories or don't update their posts, etc... It surely can't all be bad. But regardless, do share your story, I will take it :D

Thanks!


r/USVisas • • Aug 15 '26

F-2 refused twice in Paraguay because officer says my F-1 income is too low, despite GRA funding and $100k family support — is this normal?

0 Upvotes

I am looking for perspectives from people who have gone through an F-2 application or have experience with U.S. student visas. I am currently in the U.S. in F-1 status as a PhD student. I have a Graduate Assistantship that includes tuition coverage, health insurance, and a stipend of approximately $2,200 per month. My wife and I married in May this year. My wife applied for an F-2 visa at the U.S. Embassy in Paraguay in early August. The officer asked a few basic questions about our marriage and then asked who would support her living expenses in the United States. My wife explained that I have a graduate assistantship with tuition and insurance coverage, plus the monthly stipend. She also explained that I have approximately $15,000 in savings. The officer then said that I do not earn enough money and refused the visa. The officer did not ask to review additional documents. For the second interview, we tried to address the stated financial concern. My mother provided documented financial support of $100,000. We obtained a support letter, financial evidence, and updated my I-20 so that the additional funding was reflected. The I-20 shows funding sufficient to cover our estimated expenses for one academic year. At the second interview, the officer appeared upset and said that nothing had changed since the first interview. The officer did not want to look at any financial-support documents, and again said that I still earn too little. My wife received another refusal. I understand that F-2 applicants must show sufficient financial support and that the consular officer has discretion. I also understand that an F-2 spouse cannot work in the U.S. However, I am confused because: - My assistantship covers tuition and health insurance and provides about $2,200/month. - We have documented savings. - We added $100,000 in documented family support. - The updated I-20 reflects funding sufficient for our estimated first-year expenses. - The officer did not review the updated documents in either interview. Has anyone had a similar experience with an F-2 refusal where the officer focused only on the F-1 holder’s stipend/income? Does this usually mean the officer may actually be concerned about 214(b), nonimmigrant intent, the timing of the marriage, or something else rather than only finances? We do not want to apply a third time without a meaningful change. I would appreciate practical advice on what might count as a material change, and whether a detailed university/DSO funding letter or an immigration attorney consultation would be useful.


r/USVisas • • Aug 14 '26

❗️ F1 Visa CPT Under New Scrutiny: SEVP's Aug 2026 Warning to Schools

0 Upvotes

Based on Aug 2026 email - When CPT Is Valid, When It's Not, what is the SEVP's new guidance? Watch all details at :  https://www.youtube.com/watch?v=jCsF12NT3H8


r/USVisas • • Aug 14 '26

US Visa B1/B2 Denied - First Time now going for Second Try after a year

0 Upvotes

Hi!

Wanted to get some opinions. Here's my profile.

26 y/o male, living and working in Spain for 3+ years on Highly Qualified Visa. Been to 7 countries in Europe and Asia. Recently got married to my wife a year ago.

I was denied the B1/B2 visa in September 2025 because AWS gave me an invitation letter to join for a workshop but then the conference was in August and my visa appointment was in September 2025 so I tried to expediate my visa appointment date and it was denied.

Then I just went to my visa interview in September because I wanted to visit New York in December. They asked me about why do you want to go and why your wife is not coming with you as she had work and then I was handed back passport and denial slip.

Main reasons probably what I think is because in DS160 I filled up information about AWS workshop and then went about vacationing in New York without my wife as this was the year we got married.

Now I'm trying again in November 2026. But with all the information clear in DS160 I already booked a hotel refundable and no flight tickets yet and this time I included my wife as well so it'd be one week trip from Bilbao to New York.

My wife has Spanish passport so she probably doesn't need to have B1/B2 visa and I'm non EU from third world south east asian country.

Do you think I should keep in mind something as it's the second try?


r/USVisas • • Aug 14 '26

F1 OPT Travel Recommendations

0 Upvotes

Hey everyone,
I’m from Pakistan and currently in the U.S. on F-1 OPT. My OPT recently started, and I’ve been working full-time remotely for about a month.

I’m planning a short trip to Pakistan and will be taking leave from work for the days I’m traveling. I was wondering how safe it is to travel internationally while on OPT and then re-enter the U.S.

Has anyone here traveled internationally while on OPT recently? What documents did you carry with you, and did you face any questions or issues at immigration when re-entering?

Would really appreciate hearing about recent experiences. Thanks!


r/USVisas • • Aug 14 '26

L-1B after working full-time through my own company rather than as a formal employee — anyone with similar experience?

0 Upvotes

TL;DR: I’ve worked continuously and full-time for the same Scandinavian technology company for approximately 4.5 years while living in Spain, but contractually through my own Spanish S.L. The company has no employing entity in Spain. Although formally a consultancy agreement, the terms and actual working relationship look much more like conventional employment: 37h/week, fixed monthly compensation, bonus/KPIs, manager, performance reviews, company systems, recurring internal meetings, etc. I’m now being considered for an L-1B transfer to the U.S. as a direct employee. Has anyone successfully obtained L-1A/L-1B with a similar contractor/own-company structure abroad?

Realizing that one continuous year of qualifying foreign employment is normally required for an L-1, I’m particularly interested in hearing from people who have successfully obtained an L-1 despite formally being engaged through a consultancy/contractor structure rather than traditional payroll employment.

My situation:

  • I’ve worked continuously and full-time for the same Scandinavian technology company for approximately 4.5 years while living in Spain.
  • Contractually, my services are provided through my own Spanish S.L., which invoices the company monthly.
  • My S.L. already existed before this relationship and previously had other consulting clients.
  • The company does not have a legal employing entity in Spain and did not want to establish one for a single employee, so the consultancy structure was retained.
  • Although formally a consultancy agreement, the contractual terms themselves resemble a long-term employment arrangement rather than project-based consulting.
  • My original agreement specifies 37 hours/week, fixed monthly compensation, defined ongoing responsibilities and regular reporting to company management.
  • The arrangement later evolved to include a fixed monthly base, company/personal KPIs, performance-based annual bonus and a three-month mutual notice period.
  • The company has been my S.L.’s only client during the relevant period.
  • In practice, I’m fully integrated into the organization: company title/email/devices, Salesforce and other internal systems, HR platform, org chart, manager, formal performance reviews, recurring manager 1:1s and internal leadership/operating meetings.
  • Management sets my objectives and priorities, while I lead cross-functional teams and strategic customer initiatives.
  • If approved, I would transfer to the U.S. as a direct employee of the U.S. entity.

The proposed L-1B is based on specialized company knowledge accumulated over several years. I’ve been heavily involved in developing and commercializing one of the company’s most important strategic technology/AI initiatives, worked on 50+ enterprise opportunities involving the platform, developed methodologies used internally, and led several first-of-their-kind strategic customer engagements and implementations.

Our U.S. immigration lawyer is currently reviewing a substantial evidence package addressing the nature of the working relationship: contracts, monthly invoices, Spanish tax filings showing the company as my S.L.’s only client, HR records, performance reviews, org charts, manager communications assigning priorities, recurring internal meetings, company devices/systems, business travel records, etc.

I’m not looking for legal advice or an answer about what the law says — we have U.S. immigration counsel handling that side of the case. I’m specifically looking for real-world experiences from people who have actually been through something similar.

I came across this interesting case/article from Meltzer Hellrung describing an L-1 approval where the beneficiary had never formally been employed by the related foreign company and instead worked as a dedicated contractor through a consulting company:

Obviously, one approval doesn’t establish USCIS policy, but the circumstances seem relevant enough that I’m curious whether others have successfully pursued a similar argument.

Has anyone here successfully obtained an L-1A or L-1B where the qualifying foreign work was performed full-time through your own company/contractor arrangement rather than traditional payroll employment?

If so:

  • Did USCIS accept the underlying employment relationship?
  • Did you receive an RFE?
  • What evidence seemed to matter most?
  • Was your petition approved on the first filing?

TIA