New York City Intracompany Transfer L Visa Lawyer

Understanding L Visas

The L visa is a non-immigrant visa that allows companies operating both in the United States and abroad to transfer certain classes of employees from their foreign operations to their U.S. operations. This visa category is particularly useful for multinational companies needing to move executives, managers, and employees with specialized knowledge to their U.S. branches. Reach out to our New York City intracompany transfer L visa lawyer for dedicated help with your case.

Categories of L Visas

There are two main categories of L visas:

1. L-1A Visa: For executives and managers.
2. L-1B Visa: For employees with specialized knowledge.

Eligibility Criteria for L Visas

To qualify for an L visa, both the employee and the employer must meet specific criteria:

1. L-1A Visa (Executives and Managers):
   • Position: The employee must be coming to the U.S. to work in an executive or managerial capacity.
   • Employment History: The employee must have been employed by the company outside the U.S. in an executive or managerial position for at least one continuous year within the three years preceding the application.
   • Company Relationship: The U.S. employer must have a qualifying relationship with the foreign company (parent company, branch, subsidiary, or affiliate).
2. L-1B Visa (Specialized Knowledge Employees):
   • Position: The employee must possess specialized knowledge and be coming to the U.S. to use that knowledge in a position requiring such expertise.
   • Employment History: The employee must have been employed by the company outside the U.S. in a specialized knowledge capacity for at least one continuous year within the three years preceding the application.
   • Company Relationship: The U.S. employer must have a qualifying relationship with the foreign company (parent company, branch, subsidiary, or affiliate).

Application Process

The application process for L visas involves several key steps:

1. Employer Files Form I-129:
   • The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS), along with the L Classification Supplement to Form I-129 and supporting documents.
2. Supporting Documentation:
   • Submit evidence of the qualifying relationship between the U.S. and foreign employer, the employee’s qualifications, and details of the employee’s role and duties.
3. USCIS Review and Decision:
   • USCIS reviews the petition and supporting documents. If approved, USCIS will issue a Notice of Approval (Form I-797).
4. Visa Application:
   • If the employee is outside the U.S., they must apply for an L visa at a U.S. consulate or embassy. This involves completing the DS-160 form (Online Nonimmigrant Visa Application), paying the visa application fee, and attending a visa interview.
5. Entry to the U.S.:
   • Upon approval, the employee can enter the U.S. and begin working for the U.S. branch of the company.

Benefits of the L Visa

The L visa offers several advantages for multinational companies and their employees:

• Work Authorization: Allows employees to work legally in the U.S. for the sponsoring employer.
• Initial Stay and Extensions: L-1A visas are granted for up to three years, with extensions available up to a maximum of seven years. L-1B visas are granted for up to three years, with extensions available up to a maximum of five years.
• Dependents: The L visa holder’s spouse and unmarried children under 21 can accompany them to the U.S. on L-2 visas. Spouses of L-1 visa holders can apply for work authorization.
• Dual Intent: L visas allow for dual intent, meaning holders can apply for permanent residency (a green card) without jeopardizing their L visa status.

Challenges and Considerations

While the L visa provides many benefits, it also comes with challenges:

• Extensive Documentation: Gathering the necessary documentation to prove the qualifying relationship and employee qualifications can be complex and time-consuming.
• Employment Restrictions: L visa holders can only work for the employer that sponsored their visa.
• Compliance Requirements: Employers must comply with all relevant immigration laws and regulations, including maintaining proper records and documentation.

The L visa is a valuable option for multinational companies seeking to transfer key employees to their U.S. operations. By understanding the eligibility criteria and navigating the application process carefully, employers and employees can successfully utilize this visa category to meet their business needs.

For personalized assistance with your L visa application, contact our Manhattan L visa attorney who specialize in intracompany transferee visas.

New York City Intracompany Transfer L Visa FAQs

Q: How long does the L visa application process take?
A: The processing time can vary, but it typically takes several months. Premium processing is available for an additional fee to expedite the process to 15 calendar days.

Q: Can L visa holders apply for a green card?
A: Yes, L visa holders can apply for a green card through employment-based immigration categories such as EB-1C for multinational managers and executives.

Q: Can L visa holders change employers?
A: No, L visa holders cannot change employers. They are only authorized to work for the employer that sponsored their visa. A new L visa petition would be required if transferring to a different employer.

Q: Are there any restrictions on the types of work L visa holders can perform?
A: Yes, L visa holders must work in the capacity that matches the category of their visa—executive or managerial for L-1A and specialized knowledge for L-1B.