L-1 visas are for intracompany transferees. That means it allows foreign employees, executives, and managers to work in the United States. The L-1 visa encourages foreign companies to staff their US-based subsidiaries, branches, and affiliates with their most talented individuals. Whether you plan to oversee operations yourself or send key personnel to a subsidiary or new office, the L-1 visa might be a logical choice.
To learn more about the L-1 visa and streamline your application process, contact a qualified immigration lawyer today. For years, Naya Immigration has been guiding foreign professionals through this process from start to finish. Get in touch with our law firm now. We are ready to help.
The Two L-1 Visa (Intracompany Transferee Visa) Types
There are two L-1 visas. The types are differentiated based on the employee’s particular job type. For companies looking to transfer employees, it’s important to understand the distinction between an L-1A and L-1B visa.
L-1A Visa: Managers and Executives
The L-1A visa is for foreign managers and executives. If you are being transferred to a US-based subsidiary, branch, or affiliate to oversee operations, this visa is for you. Note that you may also apply for the L-1A visa if you are being transferred to a parent company based in the United States.
L-1B Visa: Other Professionals with Specialized Knowledge
The L-1B visa is for employees with “specialized knowledge.” If your employer is sending you to a company office in the United States to contribute this knowledge to business activities, the L-1B visa is for you. This is the logical choice if the transferee is not a manager or executive. If your company does not yet have a US-based office, they may send you to the United States to set up an office with the L-1B visa.
Requirements for L-1A Visas
Requirements apply to both employers and managers/executives.
Employer Requirements
Employers must have a qualifying relationship with the US-based subsidiary (or vice versa). In other words, they must show that they have the legal right to control the operations of the smaller subsidiary or satellite office. In addition, the employer must be officially designated as an “employer” in the United States and at least one other nation. Note that foreign companies may indirectly employ individuals through a separate organization in the United States. The business must also be viable, which means that it must be actively involved in real business activities (although international trade is not required).
US Citizenship and Immigration Services (USCIS) goes on to state that the business must be continuously providing goods or services. In order to qualify for the L-1A visa, the US-based office must be actively engaged in business activities. The mere presence of a foreign agent or office is insufficient.
Employee Requirements
To qualify for the L-1A visa, the employee must have been working for at least one year at the foreign qualifying organization. This year of employment must take place within three years of the visa application. In addition, the employee must enter the United States to act as an executive or manager for a branch of their qualifying organization.
USCIS goes on to define an “executive” as someone who has the authority to make company decisions without much oversight. It also defines a “manager” as someone who supervises and controls the work of other employees. Managers may also oversee an “essential function” of the business without direct supervision – even if they do not supervise others.
Requirements for L-1B Visas
Although the L-1B visa also has requirements for both employers and employees, the employer requirements are identical to those of the L-1A visa. Like the L-1A visa, the employee must have been working for at least one year at the qualifying organization prior to their application. Compared to the L-1A visa, the only different requirement is the existence of “specialized knowledge.” USCIS states that this specialized knowledge must involve the company’s products, services, research, equipment, techniques, or management – as long as this knowledge applies to international markets. Advanced knowledge of the company’s processes or procedures also qualifies.
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Required Documents for All L-1 Visas
For both types of L-1 visas, the employer must file Form I-129 on behalf of the employee. This is the “Petition for a Nonimmigrant Worker.” Along with this form, employers must also include evidence that the various requirements have been met. Employers may need to provide proof that the employee has either specialized knowledge or managerial/executive experience.
The Benefits of Obtaining an L-1 Visa
Although the L-1 visa is a nonimmigrant visa, it allows you to stay in the United States for up to seven years, depending on the type of visa. During this time, your spouse can also work in the United States. Compared to other kinds of visas, the L-1 is associated with faster processing times. There is no need to worry about caps or lottery systems, and the L-1 serves as a powerful tool for expanding companies.
The L-1 Visa Application Process
After filing Form I-129, employers must pay various filing fees. Once USCIS approves this form, the employee must complete Form DS-160 – the Online Nonimmigrant Visa Application. Next, the employee pays a visa application fee and attends a visa interview at an embassy or consulate. Employees should bring supporting documents to their visa interviews – including passports and proof of employment.
L-1 Visa Premium Processing
Premium Processing is available for L-1 visas. To streamline the L-1 visa process, employers can pay an extra fee for Premium Processing. This service ensures that USCIS will review the petition more quickly.
The L-1 Visa Extension Process
Both the L-1A and the L-1B Visas are granted in increments of three years. However, the L-1A visa can be granted for a total of seven years, whereas the L-1B visa is capped at five years.
The L-1A visa can be extended twice for a seven-year stay in the United States, while the L-1B visa can be extended once for five total years. That being said, you can re-apply for an L-1 visa after spending 12 months outside of the United States. It is also worth noting that an L-1 visa can serve as a pathway toward permanent residence or citizenship.
Contact an L-1 Visa Lawyer Today
The L-1 visa program offers many advantages for key business personnel. However, many find it difficult to determine their eligibility and navigate immigration law and the application process. Remember, even a small mistake can lead to serious delays – and these delays may translate to significant losses for the company. To streamline this process, consider getting in touch with an L-1 visa lawyer. Choose Naya Immigration today and get started with an effective action plan.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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