L - 1 Visa

Overview

The L-1 Visa is a non-immigrant visa designed for multinational companies to transfer certain employees from their foreign offices to their offices in the United States. It's often used for intra-company transfers and is intended to facilitate the flow of skilled personnel within international organizations.

Definition

The L-1 Visa allows foreign employees of multinational companies to temporarily work in the U.S. It comes in two subcategories: L-1A for executives and managers, and L-1B for employees with specialized knowledge.

Benefits

Intra-Company Transfers:  Facilitates seamless movement of skilled employees between international offices.
Fast Processing:  L-1 Visas often have quicker processing times compared to other work visas.
Dual Intent:  L-1 Visa holders can pursue permanent residency (Green Card) without jeopardizing their non-immigrant status.

Requirements

For L-1A Visa (Managers and Executives):

  • The employee must have been working for the foreign company for at least one year within the three years preceding the application.
  • The employee must be coming to the U.S. to manage or oversee a function, department, or subdivision of the company.

For L-1B Visa (Employees with Specialized Knowledge):

  • The employee must possess specialized knowledge related to the company's products, services, research, equipment, techniques, management, or other interests.
  • Similar to L-1A, the employee must have worked for the foreign company for at least one year within the preceding three years.

Application Process

Petition:  The U.S. employer (the company's U.S. office) files an L-1 petition with the U.S. Citizenship and Immigration Services (USCIS).
Form I-129:  The employer completes Form I-129 along with supporting documentation, including evidence of the qualifying relationship between the foreign and U.S. companies and details about the employee's role.
Approval:  Once the petition is approved, the employee can apply for an L-1 Visa at a U.S. consulate in their home country.
Interview:  The employee attends an interview at the U.S. consulate, presenting the approved petition and required documents.

In conclusion, the L-1 Visa facilitates the transfer of skilled employees within multinational companies to their U.S. offices, benefiting both companies and the U.S. economy. It offers a pathway to permanent residency and is valuable for executives, managers, and employees with specialized knowledge.