Understanding the L-1 Visa: Your Path to Intracompany Transfers
Are you a skilled professional looking to work in the United States while remaining affiliated with your foreign employer? The L-1 visa might be the right option for you. This non-immigrant visa allows multinational companies to temporarily transfer employees from their foreign offices to their U.S. entities. Thats right you can live in the US and still work for your firm based overseas!!
There are two types of L-1 visas:
L-1A Visa: This visa is for managers and executives who have been employed by their foreign employer for at least one year in a managerial or executive capacity within the past three years.
L-1B Visa: This visa is for employees with specialized knowledge or expertise who have been employed by their foreign employer for at least one year in a specialized knowledge capacity within the past three years.
To be eligible for an L-1 visa, both the U.S. and foreign entities involved must meet specific criteria:
Qualifying Relationship: There must be a qualifying relationship between the foreign and U.S. entities, such as a parent-subsidiary, branch, or affiliate relationship.
Current Employment: The employee must have been working for the foreign company for at least one year within the past three years.
Position and Role: For L-1A, the employee must be in a managerial or executive position. For L-1B, the employee should possess specialized knowledge.
The L-1 visa application process involves several steps:
The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
If USCIS approves the petition, the employee can apply for the L-1 visa at a U.S. embassy or consulate in their home country.
The employee must attend an interview at the U.S. embassy or consulate.
If the interview is successful, the consulate will issue the L-1 visa, allowing the employee to enter the U.S.
L-1A visa holders can stay in the U.S. for up to 7 years, while L-1B visa holders can stay for up to 5 years. L-1 visa holders can also bring their spouse and unmarried children under 21 to the U.S. on L-2 visas.
Here are some additional things to keep in mind about the L-1 visa:
L-1 visa holders can pursue a Green Card (permanent residency) while on L-1 status, as it allows "dual intent."
L-1 visa holders can apply to change their status to another non-immigrant category or to become a permanent resident.
L-1 visa holders are not required to speak English fluently, but they must be able to communicate effectively in their job.
L-1 visa holders must pay a visa application fee and other associated costs.
The L-1 visa is a great option for multinational companies and skilled professionals who want to work in the U.S. However, immigration laws are complex, and the application process can be intricate. It is advisable to consult with an immigration attorney or expert for guidance throughout the process. At US Immigration Consultants we have an attorney that we have partnered with to address the thorough application process.
If you are interested in applying for an L-1 visa, I encourage you to learn more about the eligibility requirements and application process. The L-1 visa can be a great way to achieve your American dream for you and your family.