L-1 Visa

Introduction

The L1 intra-company transferee visa is available to employees of international companies who are being transferred to a parent, branch, affiliate or subsidiary in the U.S.

L1 Visa Eligibility – It Is Suitable For:

Foreign national executives being transferred to the U.S. to manage an organization or a major function or division of an organization

Foreign national managers being transferred to the U.S. to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision Specialized Knowledge employees of companies outside U.S. that have related U.S. branches, subsidiaries, affiliates or joint venture partners

Employees and partners of international accounting firms

Multinational companies to transfer foreign national executives to manage an organization or a major function or division of an organization in the U.S.

Multinational companies to transfer foreign national managers to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision in the U.S.

Multinational companies to transfer employees with specialized knowledge such as, its products, research methods and marketing techniques

L1 Visa Benefits

You may legitimately come to the U.S. as an L1 visa intra-company transfer and at the same time, lawfully seek to become a permanent resident

You can freely travel in and out of the U.S. while on a valid L1 visa

Your dependents can live with you in the U.S.

Your spouse can apply for a work permit by filing Form I-765 and engage in employment

L1 Visa Requirements

1. Criteria For Determining Employer’s Eligibility

To be eligible to sponsor an L1 visa, the following conditions must be met:

A qualifying relationship must exist between the U.S. company and the foreign company abroad Both the foreign company and the U.S company must remain open, active and viable for the entire duration of your employment in the U.S. Failure to maintain required levels of operation results in the loss of L1 status

2. Criteria For Determining Employee’s Eligibility

To apply for an L1 visa, you must demonstrate that:

You have been employed overseas by the transferring organization for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate You are a manager, executive or a specialized knowledge employee

L1 Visa Notes

To change the purpose of your visit while you are in the U.S. on an L1 visa, you must change your visa status.

The information provided here is applicable to New L1 Visa and L1 Extension. Spouses of L1 visa holders may accept employment in the U.S. by obtaining an Employment Authorization Document.

Qualified U.S. companies that frequently transfer non-U.S. employees to their U.S. branches, subsidiaries, affiliates or joint venture partners may do so easily by obtaining L1 Blanket status.

Managers and executives holding L1 visas may apply for a Green Card under the first preference category: priority workers. This category is exempt from Labor Certification.

Applying For L1 Visa

You cannot apply for an L1 visa as an individual. To sponsor your L1 visa, your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf.

1. Filing The L1 Petition

An L1 petition is filed on USCIS Form I-129, along with the Form I-129L supplement. Your L1 visa requirements documents must include:

• Documentation verifying the corporate relationship between the U.S. company and the foreign company (usually a letter from the corporate secretary, and the Articles of Incorporation of both the foreign and the U.S. company)
• Documentation verifying capitalization structure of the company (e.g. records of stock or equity ownership)
• Detailed job description and requirements for the position – In case of a specialized knowledge position, detailed description of your unique knowledge to be used by the U.S. company
• Documentation proving that you have worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or were employed in a position involving specialized knowledge, and that you are coming to the U.S. to work in an executive, managerial, or a specialized knowledge position
• If you are coming to the U.S. to set up a new office, submit evidence of establishment of the new office (e.g. lease for office space, sales contracts, etc.)
• Annual report of both foreign and the U.S. company, and/or other reports showing the type of business and financial stability
2. Applying For L1 Visas At An American Consulate

To apply for the L1 visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

• DOS Form DS-160, Nonimmigrant Visa Application.
• Note: Some Consulates may still require submission of DS-156 and DS-157
• A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page
• Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member Your resume
• Copy of the petition submitted to the USCIS (recommended)
• Duration of Stay

A. L-1A Visa

Employees in Managerial and Executive positions (L-1A visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of seven years.

B. L-1B Visa

Employees in specialty positions (L-1B visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of five years.

Spouse and Children

Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for L2 visas. Spouses are eligible to take up employment after obtaining an employment authorization document.