L-1 visa

The L-1 visa is a nonimmigrant visa category in the United States that allows companies to transfer employees from a foreign office to a related U.S. office (parent, subsidiary, affiliate, or branch). This visa is intended to facilitate the transfer of employees in executive or managerial positions (L-1A visa) or those with specialized knowledge (L-1B visa).

Types of L-1 Visas:

• L-1A (Executive/Managerial Transferees): This visa is for executives or managers being transferred to the U.S. to manage an organization or a major function or component of an organization. L-1A visa holders must generally have been employed abroad by the related foreign entity for at least one continuous year within the three years preceding their admission to the U.S. The initial period of stay is typically three years, and extensions can be granted up to a maximum stay of seven years.

• L-1B (Specialized Knowledge Transferees): This visa is for employees with specialized knowledge of the company's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures. Similar to the L-1A, the L-1B visa requires at least one year of continuous employment abroad within the three years prior to entry. The initial period of stay is typically three years, and extensions can be granted up to a maximum stay of five years.

Eligibility Requirements:

To qualify for an L-1 visa, the following general requirements must be met:

• Qualifying Relationship: A qualifying relationship must exist between the U.S. company and the foreign company (parent, subsidiary, affiliate, or branch).
• Qualifying Employment Abroad: The employee must have been employed abroad by the related foreign entity for at least one continuous year within the three years immediately preceding their admission to the U.S.
• Qualifying Position: The employee must be coming to the U.S. to work in an executive, managerial, or specialized knowledge capacity.
• Intent to Depart: Although not a strict requirement like some other nonimmigrant visas, there should be an intent to comply with the terms of the visa. L-1 visas allow for the possibility of pursuing permanent residency.

Application Process:

The application process typically involves the following steps:

1. Petition Filing (Form I-129): The U.S. employer files a petition (Form I-129, Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
2. Petition Approval: USCIS reviews the petition and, if approved, sends an approval notice (Form I-797).
3. Visa Application: The employee applies for an L-1 visa at a U.S. embassy or consulate abroad. This generally involves completing the online visa application form (DS-160), paying the visa fee, and attending an interview. If the applicant is already legally in the United States in another visa status, they may apply for a change of status to L-1.
4. Visa Issuance: If the visa application is approved, the visa is issued and the employee can enter the U.S.

Blanket L Petitions:

Certain organizations meeting specific criteria may be eligible to file a blanket L petition. A blanket L petition allows the organization to transfer multiple employees under a single approved petition, streamlining the process.

Dependents:

Spouses and unmarried children under the age of 21 of L-1 visa holders may be eligible for L-2 visas. L-2 visa holders may be able to work in the U.S. after obtaining an Employment Authorization Document (EAD) from USCIS.

Important Considerations:

• The L-1 visa is a complex visa category, and it is advisable to consult with an immigration attorney for guidance on eligibility requirements and the application process.
• USCIS scrutiny of L-1 petitions has increased in recent years.
• Maintaining compliance with the terms of the visa is crucial throughout the period of stay.