How To Obtain An L-1 Visa
- By Eli Kantor
- Published 01/8/2009
- National, State, Local
- Unrated
An L-1 Visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time - generally three years (but can be renewed for a total period of seven years). L-1 Visas are available to employees of an international company with offices in both a home country and the United States, or which intend to open a new office in the United States while maintaining their home country interests.
The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company in an executive, managerial, or specialized knowledge capacity for at least one year prior to being granted L-1 status. The US office must be a parent company, subsidiary company or sister company to the foreign company.
There exist two categories of L Visas: L-1A and L-1B.
The category, L-1A, is utilized when a foreign company's executive or manager will be transferred to a U.S. branch, subsidiary or affiliate company. The executive or manager must have worked for the foreign entity for 1 out of the past 3 years. The period of admission is up to 3 years (those coming to open a new office in the U.S. are usually only granted 1 year to start), with extensions not to exceed a total period of stay of 7 years.
The category, L-1B, is limited to "specialized knowledge employees" who have worked for the foreign company abroad for at least 1 year in the last 3 years, and will be placed at a U.S. branch, subsidiary or affiliate office. The employee must possess either: special knowledge of the company product and its application in international markets, or has an advanced level of knowledge of processes and pro
cedures of the company.
The period of admission is up to 3 years (those coming to open a new office in the U.S. are usually only granted 1 year to start), with extensions not to exceed a total period of stay of 5 years.
The L petition requirements are as follows: a U.S. employer or foreign employer must file the petition, but a foreign employer must have a legal business entity in the United States. The petition must be submitted with:
1) evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control, such as an annual report, articles of incorporation, financial statements, or copies of stock certificates;
2) a letter from the alien's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications, and salary; and
3) a description of the proposed job duties and qualifications, and evidence showing that the proposed employment is in an executive, managerial, or specialized knowledge capacity.
If the alien is coming to the United States to open a new office, you must also file the petition with copies of evidence showing that the business entity is located in the United States; and
1) already has sufficient premises to house the new office;
2) has or upon establishment will have the qualifying relationship to the foreign employer; and
3) has the financial ability to remunerate the alien and to begin doing business in the United States, including evidence about the size of the U.S. investment, the organizational structure of both firms, the financial size and condition of the foreign employer, and, if the alien is coming as an L-1 manager or executive to open a new office, such evidence must establish that the intended U.S. operation will support the executive or managerial position within one year.
The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company in an executive, managerial, or specialized knowledge capacity for at least one year prior to being granted L-1 status. The US office must be a parent company, subsidiary company or sister company to the foreign company.
There exist two categories of L Visas: L-1A and L-1B.
The category, L-1A, is utilized when a foreign company's executive or manager will be transferred to a U.S. branch, subsidiary or affiliate company. The executive or manager must have worked for the foreign entity for 1 out of the past 3 years. The period of admission is up to 3 years (those coming to open a new office in the U.S. are usually only granted 1 year to start), with extensions not to exceed a total period of stay of 7 years.
The category, L-1B, is limited to "specialized knowledge employees" who have worked for the foreign company abroad for at least 1 year in the last 3 years, and will be placed at a U.S. branch, subsidiary or affiliate office. The employee must possess either: special knowledge of the company product and its application in international markets, or has an advanced level of knowledge of processes and pro
The period of admission is up to 3 years (those coming to open a new office in the U.S. are usually only granted 1 year to start), with extensions not to exceed a total period of stay of 5 years.
The L petition requirements are as follows: a U.S. employer or foreign employer must file the petition, but a foreign employer must have a legal business entity in the United States. The petition must be submitted with:
1) evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control, such as an annual report, articles of incorporation, financial statements, or copies of stock certificates;
2) a letter from the alien's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications, and salary; and
3) a description of the proposed job duties and qualifications, and evidence showing that the proposed employment is in an executive, managerial, or specialized knowledge capacity.
If the alien is coming to the United States to open a new office, you must also file the petition with copies of evidence showing that the business entity is located in the United States; and
1) already has sufficient premises to house the new office;
2) has or upon establishment will have the qualifying relationship to the foreign employer; and
3) has the financial ability to remunerate the alien and to begin doing business in the United States, including evidence about the size of the U.S. investment, the organizational structure of both firms, the financial size and condition of the foreign employer, and, if the alien is coming as an L-1 manager or executive to open a new office, such evidence must establish that the intended U.S. operation will support the executive or managerial position within one year.
Eli Kantor
Eli Kantor is an attorney in private practice in Beverly Hills, CA representing employers in all aspects of labor, employment and immigration law. For more information contact Eli at (310) 274-8216 or visit his websites: Sexual Harassment Prevention and Beverly Hills Immigration Law.
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