The L1 visa allows foreign nationals who work for companies that have offices in both the United States and their home country to live and work in the United States by transferring their employment to the office based in the U.S.
Managers and executives who have worked for the same or related company (or its subsidiary, or sister company) in their home country for at least a year and who meet the specific legal definitions;
Specialized knowledge staff who have worked for the same or related company (or its subsidiary, or sister company) in their home country for at least a year.
The spouse and children (under the age of 21) of the L1 visa holder may be granted an L2 visa through separate application. The spouse has a right to be employed in the United States during the duration of the stay, and may apply for and receive a social security card in order to work. The children may attend school, but they do not have the right to find employment or to work.
The company that petitions for the issuance of L1 visas must show proof that the entities in both countries are related through corporation, subsidiaries, sister company, franchise, or other means.
Managers and executives who qualify are granted an L1A visa that lasts for three years, with the potential of being granted two successive extensions of two years each, totaling a maximum of seven years.
Specialized workers who qualify are granted an L1B visa that last for three years, with the potential of being granted one successive extension of one year, totaling a maximum of five years.
Many companies consider starting a company in the U.S. after success abroad. The L1 visa allows managers and executives to come to the U.S. for the purpose of establishing a new office. In this situation, the visa is given for 1 year since the U.S. office is brand new and not established yet. After the 1 year, the visa can then be granted for 3 year increments and totaling 7 years.
In order to open a new office, it must be shown that a business location has been secured to operate a new office, that the beneficiary (executive or manager) has been employed for one continuous year in the three year period preceding the filing of the petition in an executive or managerial capacity, the proposed employment involves executive or managerial authority and discretion over the new operation.
Unlike many other nonimmigrant visa applicants, the L1 applicant may have a dual intent to both work in the United States and apply for permanent resident status. The applicant will not be denied the L1 visa for lack of proof of foreign residency, nor for the intent to abandon their residency in their home country.
When the USCIS has already determined that a company qualifies for the issuance of the L1 visa for the purposes of transferring foreign executives, managers and specialized knowledge staff into the United States for a specified period of time, individual applicants need only file a copy of a blanket petition in order to obtain their L1 visa. An Immigration attorney can assist the applicant in both filing blanket petitions with all the correct documentation that is necessary, as well as the regular L1 visa. Blanket petitions cannot be renewed, but new petitions must be filed.
If an L1 visa holder is terminated from his job while in the United States before the visa has expired, the applicant may be given a grace period to find other employment; otherwise the foreign national will have to leave the country before the visa expires.
As noted above, the L1 visa process can be very complex, given the number of requirements and documents that must be submitted for consideration before being granted this benefit.
Unless applicants are prepared to educate themselves on the detailed requirements of obtaining an L1 Intra-Company Transfer visa, their best option may be to hire a qualified immigration attorney, who can do all the necessary work to make sure that the process runs smoothly and that the legal requirements are met without risk of mistakes or denial.
Although the L1A is one option for a Work Visa in the U.S., we strongly recommend a consultation to discuss all the possibilities for work visas and/or green cards based upon your specific case details.
