Rani Emandi ESQUIRE, PLLC LOGO
About Rani Emandi ESQUIRE, PLLC
Temporary Visas
Permanent Visas
Green Cards
CitizenshipCorporate
IT-Professionals
Processing TimesQuick Links
Rani Emandi
Rani Emandi

L1 VISA

 

L1 Visa

The United States L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The L-1 visa is open to international organizations with offices in the U.S., and who transfer employees to the U.S office for temporary periods of time. This visa is sometimes referred to as the 'intra-company transferee' visa.

Two types of L1 Visa

  1. L-1A - Issued for employees working as an executive or manager for their company.
  2. L-1B - Persons with specialized knowledge.

Two types of L1 procedures:

  1. Regular L1 visas - Applied for and approved for each individual by the USCIS.
  2. Blanket L1 visas - Available to employers who hire large numbers of Intra Company Transferee's every year.

L1 Visa Requirements

  1. You must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years.
  2. You must have worked for a "qualifying organization" outside the United States as an executive, manager or in a "specialized knowledge.
  3. You are transferred to United States to work for a new or existing U.S. Business that is subsidiary, branch or affiliated company.

Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under L-2 status. The L-2 spouse is allowed to work provided that she/he first obtains employment authorization from the USCIS. L-2 spouse as well as L-2 children can attend school or college. Servants may be eligible for a B-1 visa with work authorization.

L1 Visa Green Card

L1 employees may apply for permanent residency without having process of labor certification and dependents of L1 can apply for the green card together with the principal employee but dependents must go through the labor certification process.

L1 Visa Process Steps

The employer must file a petition with the USCIS Regional Service Center with jurisdiction over the location of the position. These documents should be photocopies of the originals. The L1 petition can be premium processed which means that if an additional fee of $ 1000 is paid on top of the filing fee of $325 and the fraud prevention and detection fee of $500, the petition will be adjudicated within 15 days of being filed with the USCIS.

The USCIS may request additional documents prior to either approving or denying the case. If it is a premium processing case, the request for additional documents or information must come within the 15 days. You will then have 12 weeks to respond.

Once approved, the USCIS will forward the petition to the U.S. Consulate nearest your place of residence for review. If you are not in the U.S. when your petition is approved, you must get your visa stamped at the U.S. Consulate before being allowed to enter the U.S. Your employer will receive Form I-797, notice of approval. After receipt of the I-797, you must then file-in Form DS-160 at the Consulate.

If approved, your visa will be valid for 3 years. Blanket Petition: A blanket petition eases the process of getting the L1 visa. If a company has been defined as a blanket petition entity by USCIS, the company can directly authorize L1 visas to eligible employees.

L1 Visa Documents

To apply for an L1 Visa, you must supply the following documents:

  • A filled-in visa application Form DS-160.
  • The employee copy of Form I-797. The Notice of Action, this petition is filed-in to the USCIS by your employer.
  • Copy of USCIS Form I-129, and the L Supplement.


Your petition should show that both the U.S. and foreign-based company meet USCIS requirements for L1 status. The U.S. entity should be a branch office, subsidiary or affiliate of the foreign enterprise, and both companies should be actively engaged in business.

The following documents may also be required:

  • A letter from your prospective U.S. employer on company letterhead detailing your position and the U.S. operation's status.
  • Letters proving that the U.S. and foreign entities are engaged in business. These can be from attorneys, bankers or accountants.
  • Proof of the size and status of the U.S. and foreign entities.
  • Documents that detail the value of the applicant's skills in regards to the U.S. entity.


You, the employee, should provide the following documents:

  • A resume or curriculum vitae.
  • Copies of passports for family members joining you.
  • Proof of education: degrees, transcripts, etc.
  • Reference letters from former employers.
  • Professional licenses, if applicable.

If you are coming to the U.S. to start a new office, you should also provide the following documents:

  • Proof of a building or location for the new office. A lease will work for this.
  • Proof of your relationship with the foreign entity.
  • Proof of financial resoluteness. You must show that you can pay your U.S. employees and handle any other business costs.

 

 
  Follow Us:
  Facebook   LinkedIn   Blogger   Delicious   StumbleUpon  
 
 
INSZoom Software Pvt Ltd New York Office -- 386 Park Avenue South, 15th Floor, New York, NY 10016, P: (212) 686-7782, F: (212) 686-7792, Rani@emandilaw.com