Understanding the L-1 Visa
For employers who want to transfer their employees to the United States from their foreign offices, the L-1 visa can be a valuable tool. This visa allows companies to transfer key employees from their offices in other countries into the United States of America. The L-1 visa is also available to foreign companies that wish to establish a new office in the United States of America. However, strict eligibility criteria apply for this type of visa. This guide will help you understand what an L-1 visa is, the requirements for an L-1 visa, and how to apply for an L-1 visa.
What Is an L-1 Visa?
This is a nonimmigrant visa, meaning it is for foreign nationals wishing to enter the United States on a temporary basis. It is not meant to provide permanent residency status. The L-1 visa permits foreign companies to transfer employees to the U.S. Companies can transfer managers, executives, or individuals with specialized knowledge to the United States. Employers can transfer employees to a U.S. company that is a branch office, parent, subsidiary, or affiliate of a foreign company.
An employee cannot petition for an L-1 visa. This visa requires an employer to initiate the application process on behalf of the employee. After an L-1 visa is granted, it is initially valid for three years, unless it is sponsored for a new office, in which case it is initially valid for one year. It can then be extended for a total of five or seven years, depending on the L-1 visa category.
Types of L-1 Visas
There are two types of L-1 visas:
- L-1A Visa
The L-1A visa is for professionals working in an executive or managerial capacity. An executive is someone who has the authority to make decisions on behalf of the BODs and stakeholders. They establish company rules and goals and look after the company’s daily management. Managers lead a key department, have the authority to hire employees, and direct daily company operations. The L-1A visa allows employees to work in the U.S. for up to seven years.
- L-1B Visa
The L-1B visa allows for the transfer of employees with specialized knowledge that is essential to the company’s operations. These are employees with expertise or advanced knowledge in the company’s products, services, techniques, and other key areas. With the L-1B visa, an employee can work in the U.S. for up to five years.
Eligibility Requirements
The following are the main requirements that must be met to qualify for an L-1 visa;
- Qualifying relationship with the foreign company
- The foreign company must have continuously employed the employee for at least one year within the three years preceding the application
- The employee must be an executive, manager, or someone with specialized knowledge in the foreign company, and their work in the U.S. company must be in the same capacity
How to Apply for an L-1 Visa
The following are the steps for applying for an L-1 visa;
- Filing Form 1-129 with the fee on behalf of the employee
- DS-160 visa application
- Paying the L-1 visa application fee
- Scheduling the L-1 visa interview
- Submitting L-1 visa documents
- Attending the interview
The L-1 visa is vital for companies transferring key employees to the U.S. An understanding of the eligibility requirements and the application process is crucial for ensuring a smooth application process.
Contact a New York City Intracompany Transfer L Visa Lawyer
For legal help, contact our experienced New York City intracompany transfer L visa lawyer at The Law Offices of Elsa Ayoub, P.L.L.C.
Source:
uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
