L-1 Visa
Intracompany Transferee
This will also feature our affiliate Immigration Attorney, Antonio C. Martinez II Esq.
An L-1 Visa is a temporary non-immigrant visa that allows companies to transfer a qualified employee from one of its offices abroad to work in the United States. It's specifically designed for:
Executives and managers: The L-1A category is for executives and managers who oversee the management of an organization or a major part of it.
Specialized knowledge workers: The L-1B category is for employees with specialized knowledge of the company's products, services, processes, or operations.
Benefits of L-1 Visa:
Fast and efficient way to transfer key employees: Compared to other work visas, the L-1 Visa has a streamlined application process and faster processing times.
Dual intent allowed: Holders of L-1 visas can eventually pursue permanent residency (Green Card) while maintaining their temporary work status.
Spouses can work freely: Spouses of L-1 visa holders can obtain an L-2 visa, which allows them to work in the United States without restriction.
Requirements for L-1 Visa:
Employer requirements: The petitioning company must have a qualifying relationship with the foreign company (parent subsidiary, affiliate, etc.).
Employee requirements: The employee must have worked for the foreign company for at least one continuous year out of the three years preceding the application. Additionally, they must meet the specific criteria for their category (executive, manager, or specialized knowledge worker).
STEPS
Pre-Filing with USCIS:
Form I-129, Petition for a Nonimmigrant Worker: Your employer will file this form with USCIS, along with supporting documentation for your eligibility and the company's qualifications.
Labor certification (optional): If your employer doesn't have an approved blanket L-1 visa, they may need to obtain a labor certification for your position.
2. Consular Processing:
Form DS-160, Online Nonimmigrant Visa Application: Once Form I-129 is approved, you'll need to complete this online form and schedule an interview at the US consulate or embassy in your home country.
Interview preparation: Gather additional documents (employment contracts, pay stubs, bank statements) and prepare for potential interview questions about your job duties and qualifications.
3. Visa Issuance and Entry to the US:
Visa interview: Attend your interview and answer questions confidently and truthfully about your role and intentions.
Visa issuance: If your application is successful, you'll receive your L-1 Visa and can enter the US.
Additional Tips:
Consult with an immigration attorney: Navigating the L-1 Visa process can be complicated, so seeking professional guidance is highly recommended.
Be prepared for wait times: Processing times for L-1 Visas can vary depending on your specific circumstances and workload at USCIS and the consulate.
Maintain strong ties to your home country: Demonstrating you have plans to return to your home country after your L-1 Visa period strengthens your application.
Remember, these are general steps, and the specific requirements and procedures may vary depending on your individual situation. For detailed and accurate information, consult with a qualified immigration attorney and thoroughly review USCIS and Department of State resources.