Non Immigration Visa

L-1 Visa

What is L-1 visa?

The L-1 intracompany transferee nonimmigrant classification is a useful vehicle for multinational companies seeking to transfer high-level managers, executives (L-1A visa) or employees with specialized knowledge (L-1B visa) from overseas to provide services in a similar capacity to a related entity in the United States.

Who qualifies for L-1A/L-1B visa?

Foreign nationals who

· Come temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period, immediately preceding the filing of the petition, in an executive or managerial capacity (L-1A).

· Come temporarily to perform services that entail specialized knowledge for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period, immediately preceding the filing of the petition, in a specialized knowledge capacity (L-1B). Specialized knowledge is special knowledge of the employer’s product or its application in international markets or an advanced level of the knowledge of the employer’s processes and procedures.

What are the requirements for L-1 petition?

· The foreign employer must have a legal business entity in the U.S.;
· The petition must be filed either by foreign employer or U.S. employer;
· Qualifying relationship between the foreign employer and United States subsidiary, based on ownership and control;
· The foreign national was employed by his/her foreign employer abroad for one continuous year within the three-year period, immediately preceding the filing of the petition, in an executive or managerial capacity (L-1A), or in a specialized knowledge capacity (L-1B); and the foreign national is employed by his/her U.S. employer to perform services in a similar capacity;
· Evidence of the U.S. business premises;
· Evidence of financial ability to remunerate the foreign national and to do business in the United States;
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What is the duration of L-1A or L-1B status?

L-1A A maximum of seven (7) years. One year for new office; each petition approved for 3 years.

L-1B A maximum of five (5) years.

What are the special L-1A provisions regarding a new office?

A New Office is defined as an organization which has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year. A petition for a new office can only be approved for one year.

What visas are available to the spouse and children of L-1 nonimmigrant?

The spouse and dependent children (unmarried and under 21) of a L-1 nonimmigrant are entitled to L-2 classification.

Can spouses of an L-1 nonimmigrant work?

Yes. A spouse of an L-1 nonimmigrant can work with an employment authorization document.

What are the advantages of an L-1A or L-1B visa over other types of visa?

1) No annual numerical limitation (unlike H-1B);
2) Doctrine of dual intent applies, allowing the beneficiary to pursue permanent residency while on an L-1A visa;
3) A relatively easy, fast track to legal permanent residence, as there is an immigrant visa category EB-1.3 (Multinational Manager/Executive) corresponding to it and as it allows an alien to circumvent the usually time-consuming, onerous labor certification process; and
4) Allows the alien to have an ownership interest in the company.

What is the petition process?

No matter the L-1 nonimmigrant is in the United States or abroad, his/her foreign or U.S. employer must submit L-1 application to USCIS Center Service that has jurisdiction over the U.S. subsidiary. Upon approval of the petition, the U.S. embassy or consulate in the L-1 nonimmigrant’s residing country will conduct an interview to adjudicate the visa issuance.

How to prepare for the L-1 visa application?

Due to the complexity of L visa application, we strongly encourage you to involve us in the entire visa application procedures, including the establishment of your U.S. subsidiary, if it is a new company. A well-thought investment plan and legal structure of the U.S. subsidiary may ensure the success of your L visa application and US permanent resident status afterwards.

Can L-1 nonimmigrant apply for US permanent resident status?

Yes, L-1A nonimmigrant can apply for US permanent resident status if he meets the requirements for EB-1C classification. For details, please refer to Multinational Executives & Managers (EB-1C) under Employment-based Immigration section.

However, L-1B nonimmigrant is not entitled to the application of US permanent resident status.