Who is eligible for L-1 visa?
“Are you an entrepreneur? Do you want to open your own business in the U.S.? An L-1 might be the answer.
— Brian D. Lerner, Business Immigration Lawyer
Moreover, it might take a lot less money than you think.”
Introduction to the L-1A Intracompany Transferee Visa
As an experienced immigration attorney, I have helped numerous clients obtain their L-1A Intracompany Transferee Visa. This visa allows an employee in a managerial or executive position to transfer from a foreign branch of a company to a U.S. branch of the same company. In this article, I will explain the advantages of the L-1A visa, the eligibility criteria, the application process, and common challenges faced during the application process. I will also compare the L-1A visa to the E-2 Investment Visa and discuss the benefits of hiring a visa attorney for L-1A visa application.
Advantages of the L-1A Visa
The L-1A visa has several advantages for both the employee and the employer. For the employee, it allows them to work legally in the U.S. and potentially lead to a path of permanent residency. For the employer, it allows them to bring over an experienced manager or executive who already understands the company’s culture and operations. Additionally, the L-1A visa does not have a cap on the number of visas issued each year, unlike the H-1B work visa.
Another advantage of the L-1A visa is that it allows the employee to bring their spouse and children under the age of 21 to the U.S. on an L-2 visa. The spouse of the L-1A visa holder can apply for work authorization, which allows them to work for any employer in the U.S. This can be a significant benefit for families who want to relocate to the U.S.
Eligibility Criteria for the L-1A Visa
To be eligible for the L-1A visa, the employee must have worked for the foreign branch of the company for at least one year in the past three years in a managerial or executive position. The U.S. branch of the company must also be a qualifying organization, meaning it has a qualifying relationship with the foreign branch. This can include a parent company, a subsidiary, or a branch office.
The employee must also be coming to the U.S. to work in a managerial or executive position at the U.S. branch of the company. This can include positions such as CEO, CFO, or Vice President. The employee must also have the necessary skills and experience to perform the job duties.
The L-1A Visa Application Process
The L-1A visa application process involves several steps. The employer must first file a Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition must include supporting documents, such as evidence of the qualifying relationship between the foreign and U.S. branches of the company, evidence of the employee’s managerial or executive position, and evidence of the employee’s skills and experience.
Once the petition is approved, the employee can apply for the L-1A visa at a U.S. embassy or consulate in their home country. The employee must provide supporting documents, such as a valid passport, a copy of the approved Form I-129, and proof of their qualifications.
Key Documents Required for the L-1A Visa Application
Some of the key documents required for the L-1A visa application include:
- Evidence of the qualifying relationship between the foreign and U.S. branches of the company
- Evidence of the employee’s managerial or executive position
- Evidence of the employee’s skills and experience
- A valid passport
- A copy of the approved Form I-129
- Proof of financial support
Common challenges faced during the L-1A Visa Application Process
One of the common challenges faced during the L-1A visa application process is proving the qualifying relationship between the foreign and U.S. branches of the company. This can be especially challenging if the company has a complex corporate structure or if the U.S. branch is a newly established entity.
Another challenge is proving that the employee has worked in a managerial or executive position in the past three years. This can be difficult if the employee has worked for multiple companies or if their job duties have changed over time.
Differences between the L-1A and E-2 Investment Visas
The E-2 Investment Visa is another option for foreign nationals who want to work in the U.S. The E-2 visa allows an individual to invest in and manage a U.S. business. One of the main differences between the L-1A and E-2 visas is that the L-1A visa requires the foreign national to work for a qualifying organization, while the E-2 visa requires the foreign national to invest in and manage a U.S. business.
Another difference is that the E-2 visa does not have a minimum investment amount, while the L-1A visa does not require any investment. Additionally, the E-2 visa does not have a specific job title requirement, while the L-1A visa requires the foreign national to work in a managerial or executive position.
Benefits of hiring a Visa attorney for L-1A Visa Application
Hiring a visa attorney can be beneficial for the L-1A visa application process. An experienced attorney can help navigate the complex application process, ensure that all necessary documents are included, and address any challenges that arise during the process.
Additionally, an attorney can advise on the best strategy for the L-1A visa application, such as whether to file under the regular processing or premium processing option. An attorney can also advise on options for extending the L-1A visa or transitioning to permanent residency.
Frequently Asked Questions about L-1A Visa
Q: Can I apply for the L-1A visa if I have not worked for the foreign branch of the company for at least one year? A: No, the employee must have worked for the foreign branch of the company for at least one year in the past three years in a managerial or executive position.
Q: Can my spouse work on an L-2 visa? A: Yes, the spouse of the L-1A visa holder can apply for work authorization, which allows them to work for any employer in the U.S.
Q: How long can I stay in the U.S. on an L-1A visa? A: The initial period of stay on an L-1A visa is up to three years. The visa can be extended for up to seven years for managers and executives and up to five years for specialized knowledge employees.
Conclusion
The L-1A Intracompany Transferee Visa can be a valuable option for foreign nationals who want to work in the U.S. in a managerial or executive position. The visa has several advantages, including the ability to bring family members and potentially lead to permanent residency. However, the application process can be complex and challenging.
Working with an experienced visa attorney can help ensure a successful L-1A visa application and address any challenges that may arise. If you are considering applying for an L-1A visa, contact a visa attorney for guidance and support throughout the process.
If you work at a company outside of the United States which has some type of branch or related office in the United States, you can come to the United States as an Intracompany Transferee on the L-1 visa.
Do you need a nonimmigrant waiver?
This visa can be approved in as fast as two to three months.
The visa can be extended for up to 7 years depending on the type of employee you are.
You might be interested in the EB-5 for the Green Card.
A Manager can come to the U.S. in a branch office on the L-1A
If you are a manager, and later want to get your green card, you can quickly obtain your green card as a Multinational Manager.
Otherwise, you would come in as ‘specialized knowledge’ on the L-1B.
With an L-1, you can apply for the Green Card
Otherwise, if you are not a manager, and decide you want your green card, you can apply for ‘Labor Certification’ while you have your Intracompany Transferee Visa.
L-1 Derivatives
Your spouse and unmarried children can come to the United States once your visa is approved.
Additionally, you children can go to school in the United States without a problem.
The L-1A and the L-1B
There are two major types of L Visa.
Firstly, is the L1A which are managerial and executive in nature.
Secondly, the other type would be the L1B which deals with intracompany transferees that have what is known as ‘specialized knowledge’.
“After the L-1, you might qualify for the EB-1A Multinational Manager for the Green Card.”
—Brian D. Lerner, Immigration Lawyer
L-1B Specifics
The bar will not apply if the satisfactory performance of such off-site employment duties requires that the L-1B temporary worker must have specialized or advanced knowledge of the petitioning employer’s product, service, or other interests, as defined under current USCIS regulations.
General skills or duties that relate to ordinary business or work activities would not meet the test of whether specialized knowledge is required for the work.
L-1B Scrutiny
There has been an increased level of scrutiny on the part of USCIS of L-1B petitions in general, and of L-1B petitions filed for workers in the information technology (IT) field in particular which coincided with the implementation of the 2004 law and its special restrictions on employers contracting L-1B workers out to unrelated third parties.
In some cases, USCIS adjudicators appear to be applying an outdated analysis of specialized knowledge, based on the law as it stood before amendments made by the 1990 Act
