Overview of the L-1 Visa: Transferring Executives and Specialists to the US for Work
What is an L-1 Visa?
The L-1 visa is an employment-based visa that allows organizations to transfer their professional employees from overseas branches to those in the United States. It’s designed for individuals with managerial, executive, or specialized knowledge roles. Here are some key points about the L-1 visa:
Temporary Work Permit: The L-1 visa is a temporary work permit with no permanent immigration options. However, those who transfer to the US on an L-1A visa may have an easier pathway to permanent residency, as the criteria for this visa is similar to the EB-1: Multinational Manager Permanent residency visa, which does not require a labor certification. This is good news for any potential L-1A visa applicant!
Transfer of Foreign Personnel: The primary purpose is to transfer foreign personnel from abroad to a U.S. parent company, subsidiary, affiliate, or branch.
Eligibility: Only employees with managerial, executive, or specialized knowledge duties can qualify.
L-1 Visa Qualification
To be eligible for the L-1 visa category, you must meet the following criteria:
Previous Employment: You must have been an employee of the same organization in one of its offices abroad for at least one continuous year within the three years immediately preceding your L-1 visa application.
Purpose of Travel: You should be traveling to the United States to continue working in one of the following capacities:
Managerial or Executive: As a manager or executive.
Specialized Knowledge: As an employee with specialized knowledge for one of the branches of the same organization.
L-1 Visa Categories
The L-1 visa program has two sub-categories:
L-1A Intracompany Transferee Executive or Manager Visa:
Allows an organization to transfer a qualified employee with a managerial or executive role from one of its affiliated foreign branches to the United States.
The employee can either continue working for an existing location or establish a new office in the U.S.
Executive Capacity: An executive has the authority to make significant decisions within the organization without much supervision.
Managerial Capacity: A manager supervises and controls other professional employees within the organization or a specific department.
L-1B Intracompany Transferee Specialized Knowledge Employee Visa:
For employees with specialized knowledge.
The employee must demonstrate expertise in a specific field or area relevant to the organization.
L-1 Visa Application Process
The L-1 visa application process generally follows these steps:
Form I-129: Your employer files Form I-129 (Petition for Nonimmigrant Worker) on your behalf. This application must be submitted at least 45 days before your start date but no more than 6 months before your employment begins.
Form DS-160: You, as the employee, complete Form DS-160, the online nonimmigrant visa application.
Interview: Attend an interview at the U.S. embassy or consulate in your home country.
Remember that the L-1 visa process involves collaboration between the employer and the worker, with both parties participating at different stages. Furthermore, for the L-1 visa application, you will need to clearly document and demonstrate the relationship between US and non-US business entities.
If you’re considering an L-1 visa, consult with legal experts and ensure that you meet all requirements. Good luck with your visa application! Our lawyers routinely work with clients to obtain L-1 visas, so get in touch today at info@borderlesscounsel.com for further assistance! 🌟