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L-1

What is the L-1 Visa?
The L-1 Visa is a non-immigrant visa that allows multinational companies to transfer executives, managers, and specialized knowledge employees from their foreign offices to their U.S. offices. This visa category is designed to promote international business by allowing multinational companies to expand their operations to the United States.

What is the difference between L-1A Visas and L-1B Visas?
Both the L-1A visa and the L-1B visa are non-immigrant visas that allow U.S. employers to transfer employees from a foreign company to a U.S. company that is related to the foreign company. The primary difference between an L-1A visa and an L-1B visa is the type of work that the visa holder is authorized to perform in the United States.

An L-1A visa is for managers or executives who are being transferred to a U.S. company to manage the operations of the U.S. company or a major function or division of the company. The L-1A visa is also available for employees who have specialized knowledge about the company’s products, services, research, equipment, techniques, management, or other interests.

On the other hand, an L-1B visa is for employees with specialized knowledge who are being transferred to a U.S. company to work in a specialized or advanced knowledge capacity. This may include knowledge of a company’s products, services, research, equipment, techniques, management, or other interests that is not readily available in the United States.

In summary, while both visas are intended for intra-company transfers, the L-1A visa is for managers or executives, while the L-1B visa is for employees with specialized knowledge.

Who can apply for an L-1 Visa?
To apply for an L-1 Visa, you must be employed by a multinational company that has a qualifying relationship with a U.S. company. The visa is available to executives, managers, and specialized knowledge employees who have been employed by the foreign company for at least one year within the past three years. The foreign company must continue to employ the L-1 visa holder during their stay in the U.S.

What are the requirements to qualify for an L-1 Visa?
For the U.S. Employer:
Must have a physical office in the United States where the beneficiary will work
Must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate)
Must be currently doing business, or will be doing business, in the United States and at least one other country during the duration of the beneficiary’s stay in the United States
Must file a petition for a non-immigrant worker (Form I-129) on behalf of the beneficiary

For the Beneficiary:
Must have worked for the qualifying foreign company for at least one year in the past three years in an executive, managerial, or specialized knowledge capacity
Must have a valid job offer from the U.S. company
Must be coming to the United States to work in an executive, managerial, or specialized knowledge capacity for the U.S. company
Must obtain an approved Form I-129 petition before applying for the L-1 visa at a U.S. embassy or consulate
Must show intent to return to their home country when their authorized stay in the United States ends
Must meet all other eligibility criteria for a non-immigrant visa, including no criminal record and no immigration violations.

Can you apply for an L-1 Visa while residing in the United States?
Yes, you can apply for an L-1 Visa while residing in the United States, but you must have a valid non-immigrant status. If you entered the U.S. on a different visa category, you may be able to change your status to L-1. However, it is important to note that changing status can be a complicated process, and it is recommended that you consult with an experienced immigration attorney before applying.

Can you get a green card with an L-1 Visa?
L-1 Visas are non-immigrant visas, meaning they do not lead directly to citizenship. However, there is a pathway to citizenship from L-1A Visas specifically. To obtain a green card, you must first qualify for a permanent residency category, such as the EB-1C employment-based immigration.

What are the benefits of an L-1 Visa?
The L-1 Visa provides many benefits to both multinational companies and their employees. For companies, the L-1 Visa allows them to expand their operations to the United States and to bring key personnel to the U.S. For employees, the L-1 Visa provides an opportunity to work and live in the United States and to gain valuable experience in an international business setting. Additionally, L-1 visa holders can bring their spouses and unmarried children under 21 to the U.S. on L-2 dependent visas.

How may an attorney help me?

 

In the United States a person may represent themselves before any court, this is called “pro se” representation. US immigration laws are extremely complex and constantly changing. Even the smallest inadvertent mistake on the application can delay an applicant for years or even result in the denial of their case. A competent attorney can help you determine whether you qualify for the program to which you are applying as well as assist in gathering and producing evidence to support your application. An attorney can also accompany you in your interview as well as prep you beforehand using mock interviews, so you know what to expect and are prepared. An attorney could also appeal any denial of an applicant to the Board of Immigration Appeals (BIA) and further to the Circuit court of Appeals all the way up to the Supreme Court.