Immigration

The L1 Visa is a non-immigrant visa which allows foreign companies to transfer a manager, executive, or person with specialized knowledge to a US company. The US company must be a branch office, parent, subsidiary, or affiliate of the foreign company. L-1 Visas are typically used for intercompany transferees. The purpose of the L-1 visa is to facilitate the transfer of key personnel within multinational companies to the United States to work in executive, managerial, or specialized knowledge positions.

There are two types of L-1 visas:

a. L-1A Visa: This is for managers and executives who are being transferred to a U.S. office that is either a parent company, branch, subsidiary, or affiliate of the company they have been working for abroad.

b. L-1B Visa: This is for employees with specialized knowledge who are being transferred to a U.S. office that is either a parent company, branch, subsidiary, or affiliate of the company they have been working for abroad.

To qualify for an L-1 visa, both the employer and the employee must meet certain requirements.

**Employer Requirements:**
– The employer must have a qualifying relationship with the foreign company, which could be as a parent company, branch, subsidiary, or affiliate.
– The employer must provide evidence to establish the qualifying relationship between the foreign and U.S. entities.
– The U.S. employer must be doing business as an employer in the US and in at least one other country directly or through a qualifying organization for the duration of the L-1 employee’s stay in the U.S.
– The employer must have a suitable physical space for the U.S. office.
– The employer must submit a petition (Form I-129) on behalf of the employee.

**Employee Requirements:**
– The employee must have been continuously employed by the overseas employer for at least one year out of the last three years immediately preceding the filing of the petition.
– The employee must be seeking to enter the United States to provide services in an executive, managerial, or specialized knowledge capacity for the same employer or a qualifying organization.
– The employee must meet the qualifications for the specific position in the United States, including having the necessary skills, experience, and qualifications.
– The employee may need to provide documentation demonstrating their qualifications and suitability for the L-1 visa category.
– Intent to Depart: The employee must intend to depart the United States upon completion of their authorized stay.

Meeting these requirements is crucial for a successful L-1 visa application. It is recommended to consult with an immigration attorney or specialist to ensure all criteria are properly addressed.

Executive capacity refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity refers to the ability to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.

Specialized knowledge refers to knowledge specific to 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.

Meeting these specific requirements is crucial for demonstrating that the employee qualifies for the L-1 visa in their respective capacity. Documentation such as job descriptions, organizational charts, evidence of the company’s operations, and the employee’s qualifications and experience will be necessary to support the L-1 Visa petition.

If the office in the United States is new, you can still apply for an L-1 visa, but there are additional considerations and requirements you need to address. Here are some key points:

• Business Plan: You will need to provide a detailed business plan for the new office in the United States. This plan should outline the nature of the business, its objectives, market analysis, staffing plan, and financial projections.
• Sufficient Physical Premises: You must demonstrate that the new office in the United States has secured or will secure sufficient physical premises to house its operations. This could include a leased office space or other suitable accommodations.
• Financial Viability: You need to show that the U.S. company has the financial ability to support the new office and the transferee’s salary. This could involve providing financial statements, bank statements, or other evidence of financial stability.
• Job Creation: The new office must be able to support an executive, managerial, or specialized knowledge position within one year of the approval of the L-1 visa petition. You should provide evidence of how the new office will create jobs and contribute to the U.S. economy.

• Executive or Managerial Position: The transferee must be coming to the United States to work in an executive or managerial capacity. If the transferee is a specialized knowledge employee, they must have specialized knowledge that is essential to the company’s U.S. operations.

  Meeting these requirements will be essential for a successful L-1 visa application for a new office in the United States. Working with an immigration attorney who is experienced in L-1 visa applications can help ensure that you address all the necessary criteria and provide the required documentation.

The duration of stay for individuals holding an L-1 visa depends on whether they are classified as L-1A or L-1B visa holders, as well as other factors such as specific terms outlined in their petition and the discretion of the U.S. Customs and Immigration Services (USCIS). Here’s a general overview:

• L-1A Visa Holders (Managers and Executives): L-1A visa holders can initially stay in the United States for a period of up to three years. Extensions may be granted in increments of up to two years, with a maximum total stay of seven years.

• L-1B Visa Holders (Employees with Specialized Knowledge): L-1B visa holders are typically granted an initial stay of up to three years as well. Like L-1A visa holders, they may request extensions in increments of up to two years, with a maximum total stay of five years.

Extensions beyond the maximum limit may be possible in certain circumstances, such as if the individual is transitioning to a different visa category or if they are in the process of obtaining lawful permanent residence (a green card). Additionally, L-1 visa holders may be eligible to apply for adjustment of status to lawful permanent resident status if they meet the criteria set by U.S. immigration laws.

No, unlike the H-1B Visa category, there is no limit on the number of L-1 Visas that can be issued.

Spouses and unmarried children under 21 of L-1 Visa workers may receive L-2 Visa status. Spouses of L-1 Visa holders are permitted to work in the U.S. after obtaining an Employment Authorization Document (EAD).

Yes, individuals holding L-1 visa status may be eligible to apply for a green card (lawful permanent resident status) while in the United States. The process typically involves sponsorship by an employer. L-1A visa holders may be eligible for the EB-1C immigrant visa category, which is reserved for multinational managers and executives. L-1B visa holders may qualify for other employment-based immigrant categories if they have specialized skills or expertise that meet the requirements of those categories.

L-1 visa holders who are eligible to apply for a green card may do so while remaining in the United States by filing an application for adjustment of status (Form I-485) with the USCIS. If their adjustment of status application is approved, they will be granted lawful permanent resident status and receive a green card.

It is important to note that the process of obtaining a green card can be complex, and eligibility requirements may vary depending on the specific circumstances of each case. L-1 visa holders considering applying for a green card should consult with an immigration attorney or qualified immigration professional to assess their eligibility and explore the most suitable pathway for obtaining lawful permanent residency.

A Blanket L-1 visa is a special type of L-1 visa that allows multinational companies to streamline the process of transferring employees to the United States. Instead of filing individual L-1 visa petitions for each employee, eligible companies can obtain blanket approval from the USCIS to transfer multiple employees under a single petition.

To qualify for a Blanket L-1 Visa, a company must meet specific eligibility criteria set by the USCIS. Generally, the company must have:

• A U.S. office that has been doing business for at least one year;
• Three or more domestic and foreign branches, subsidiaries, or affiliates;
• Demonstrated a record of approved L-1 petitions; and 
• A minimum of 1,000 employees globally or annual revenue of at least USD $25 million.

The processing time for an L1 visa can vary depending on factors such as the workload at the USCIS office handling the application and whether any additional documentation or information is required. In order for an L-1 visa to be fully processed it will take between two and five months under the normal applications. If you request premium processing, then it can take only two weeks. Generally, it can take several weeks to several months for an L1 visa application to be processed. However, much time is needed to prepare the application itself, so be sure to contact our office early if you wish to pursue this option.

Premium processing is an expedited service offered by the USCIS for certain visa categories, including the L1 visa. When you opt for premium processing, USCIS guarantees that they will process your petition within 15 calendar days. To request premium processing for an L1 visa, the petitioner (usually the employer) must file Form I-907, Request for Premium Processing Service, along with the required fee. This service can be beneficial for individuals who need a quicker decision on their visa application, such as those with imminent travel plans or job starts in the United States. However, it’s important to note that the premium processing fee is in addition to the standard filing fee for the visa application.

Yes, under certain conditions, it’s possible to transfer your L1 visa from one company to another. The L1 visa is tied to your employer, but if you’re currently in the United States on an L1 visa and wish to change employers, you can do so by having your new employer file a new L1 petition on your behalf.

Here are some key points to consider:

1. Eligibility: To transfer your L1 visa to a new employer, you must still meet the eligibility requirements for the L1 visa category. This typically includes having worked for the petitioning employer abroad for a specified period and being transferred to work for a related entity in the United States.
2. New Job Offer: You must have a valid job offer from the new employer, and they must be willing to sponsor your L1 visa transfer.
3. Filing Process: The new employer must file a new Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS) on your behalf. This petition should include all required supporting documentation, including evidence of your qualifications and the employer’s relationship with the foreign entity.
4. Continuation of Employment: You can continue working for your current employer until the new L1 petition is approved, but you must not work for the new employer until the transfer is complete and you receive approval.
5. Dependent Status: If you have dependents (spouse and children) on your L2 visa, they can also transfer to your new employer by filing a separate application to extend or change their status.

It’s advisable to consult with an immigration attorney or an experienced professional to guide you through the process and ensure that all requirements are met for a successful L1 visa transfer to a new employer.

In most cases, you cannot directly apply for an L1 visa while you are already in the United States. The L1 visa is typically intended for individuals who are outside the United States and are seeking to enter the country to work for a qualifying employer.

However, there is an exception known as “Change of Status” for individuals who are already in the United States under a different nonimmigrant status and wish to change to an L1 status without leaving the country. This process involves filing a Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS) by your employer. If approved, your status would change from your current nonimmigrant status to L1 status without the need to leave the United States.

It’s important to note that not all individuals may be eligible for a Change of Status to L1. It depends on various factors such as your current visa status, eligibility for L1 classification, and whether your employer’s petition meets all the requirements. It’s advisable to consult with an immigration attorney or a qualified professional to assess your specific situation and determine the best course of action.

An L1 petition fcan be denied for various reasons, including but not limited to:

1. Insufficient Evidence: If the petition lacks sufficient evidence to establish eligibility for L1 classification, such as proof of the qualifying relationship between the U.S. and foreign entities or evidence of the beneficiary’s qualifications and work experience, it may be denied.
2. Failure to Meet Requirements: If the petitioner or beneficiary fails to meet the specific requirements of the L1 visa category, such as the one-year continuous employment abroad for the L1A visa or the specialized knowledge requirement for the L1B visa, the petition may be denied.
3. Fraud or Misrepresentation: If USCIS determines that there was fraud or misrepresentation in the petition, such as providing false information or documents, the petition will likely be denied.
4. Ineligibility of the Beneficiary: If the beneficiary does not meet the qualifications for the L1 visa category, such as lacking the required managerial or specialized knowledge experience, the petition may be denied.
5. Validity of the Company: If USCIS questions the legitimacy of the U.S. or foreign entities involved in the petition, such as concerns about the structure or operations of the companies, it may lead to a denial.
6. Violation of Immigration Laws: If the petitioner or beneficiary has violated U.S. immigration laws or regulations in the past, it could result in a denial of the petition.
7. Other Factors: There may be other factors specific to the case that lead to a denial, such as changes in immigration policy or discretionary decisions by USCIS officers.

It’s important to thoroughly review the eligibility requirements and provide complete and accurate documentation when filing an L1 petition to minimize the risk of denial. If a petition is denied, there may be options for appeal or re-filing, depending on the circumstances. Consulting with an experienced immigration attorney can be beneficial in such situations.

The L-1A and L-1B visas are both categories of nonimmigrant visas that allow multinational companies to transfer employees from foreign offices to U.S. offices. However, they differ in terms of the roles and qualifications of the employees who are eligible for each visa category:

1. L-1A Visa:
   • This visa is for intracompany transferees who work in managerial or executive positions.
   • To qualify for an L-1A visa, the employee must have been working for the foreign employer in a managerial or executive capacity for at least one continuous year out of the three years immediately preceding their application for admission to the United States.
   • Managers typically have the authority to make decisions about the operation of the company or a significant department or function, while executives have the authority to establish policies and make high-level decisions.
   • The maximum initial period of stay for L-1A visa holders is three years, with the possibility of extensions up to a total of seven years for managers and executives.

1. L-1B Visa:
   • This visa is for intracompany transferees who have specialized knowledge about the company’s products, services, processes, or procedures.
   • To qualify for an L-1B visa, the employee must possess specialized knowledge that is essential to the employer’s business operations.
   • Specialized knowledge refers to knowledge that is not readily available in the United States labor market and is unique to the company, such as proprietary technology, product knowledge, or advanced techniques.
   • The maximum initial period of stay for L-1B visa holders is also three years, with the possibility of extensions up to a total of five years.

In summary, the main difference between the L-1A and L-1B visas is the nature of the employee’s role: L-1A is for managers and executives, while L-1B is for employees with specialized knowledge.

Yes, it is possible to move from an L-1 visa to an H-1B visa under certain circumstances. Here are a few scenarios where such a transition might occur:

1. Change of Employment: If you are currently in the United States on an L-1 visa and you find a new employer willing to sponsor you for an H-1B visa, you can transition from L-1 status to H-1B status. The new employer would need to file an H-1B petition on your behalf, and if approved, you could then work for them under H-1B status.
2. Change of Status: If you are in the United States on an L-1 visa and your circumstances change, such as pursuing a different career path or joining a different employer, you may apply for a change of status from L-1 to H-1B. This typically involves having the new employer file an H-1B petition for you, and if approved, you would transition to H-1B status without leaving the United States.
3. Cap-Exempt H-1B Petition: If you are subject to the H-1B visa cap (annual numerical limit on H-1B visas), transitioning from L-1 to H-1B may require waiting for the next available H-1B visa cap cycle. However, there are certain circumstances where H-1B petitions are exempt from the cap, such as petitions filed by institutions of higher education, nonprofit research organizations, or governmental research organizations. If your new employer falls under one of these categories, they may be able to file a cap-exempt H-1B petition for you at any time during the year.

It’s important to note that transitioning from L-1 to H-1B status may have implications for your immigration status and employment authorization, so it’s advisable to consult with an immigration attorney or a qualified professional to assess your specific situation and determine the best course of action.