L-1 Transfer Visa

L-1A Visa: This category is tailored for managers and executives. L-1A visa holders are transferred to the U.S. to work in managerial or executive positions within the company.

L-1B Visa: This category is designed for employees with specialized knowledge, the L-1B visa category allows them to work in the U.S. in roles that demand unique expertise or specialized knowledge related to the company’s products, services, or procedures.

Key Benefits of the L-1 Transfer Visa

The L-1 transfer visa offers several advantages for both foreign workers and U.S. companies:

• Intra-Company Transfers: The L-1 visa makes it possible to transfer skilled and valuable employees from a foreign office to a U.S. branch. This not only benefits the company by leveraging existing talent but also contributes to the growth and success of the U.S. operation.

• Temporary Stay: L-1 visas are temporary, typically valid for up to three years, with the possibility of extensions. This temporary status allows foreign workers to gain valuable experience in the U.S. without committing to permanent residency.

• Family Accompaniment: L-1 visa holders can bring their immediate family members, including spouses and unmarried children under the age of 21, with them to the U.S. Spouses of L-1 visa holders are eligible to work, and children can attend U.S. schools.

• No Labor Certification Required: Unlike some other U.S. work visas, the L-1 visa does not necessitate the U.S. employer to go through the labor certification process. This streamlines the application process for both employees and employers.

• Path to Permanent Residency: While the L-1 visa is initially temporary, it can serve as a pathway to permanent residency in the U.S. L-1A visa holders may qualify for an employment-based immigrant visa, leading to a Green Card.

Eligibility Criteria for L-1 Visa Applicants

To be eligible for an L-1 transfer visa, applicants must meet specific requirements:

The foreign worker must have been employed with the overseas company for at least one continuous year within the last three years. This one-year period is commonly referred to as the “one-year foreign employment requirement.”

The U.S. employer must be a subsidiary, affiliate, or branch of the foreign company, and there must be a qualifying relationship between the two entities. This relationship is assessed to ensure a genuine connection exists between the foreign and U.S. companies.

For L-1A visas, the foreign worker must be coming to the U.S. in a managerial or executive role. This typically entails responsibilities such as overseeing a department, division, or a significant portion of the U.S. operation. In contrast, L-1B visa applicants must demonstrate that they possess specialized knowledge relevant to the company’s operations.

The Application Process

The L-1 visa application process entails several key steps:

• Petition Filing: The U.S. employer is responsible for filing a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS). This petition includes details about the foreign worker, the U.S. company, and the specific role the employee will undertake.
• USCIS Review: USCIS reviews the petition to ensure it meets the eligibility criteria for the L-1 visa category requested. This step typically involves a thorough examination of the relationship between the foreign and U.S. companies.
• Approval: Upon approval of the petition, the employee can apply for an L-1 visa at a U.S. consulate or embassy in their home country. This step involves an interview and the submission of required documentation.
• Entry into the U.S.: Once the L-1 visa is granted, the employee can enter the U.S. and begin working for the U.S. employer. L-1 visa holders can apply for extensions if necessary to continue their employment.
• Change of Status: In some cases, if the foreign employee is already in the U.S. under a different non-immigrant status, it may be possible to change their status to L-1 without leaving the country.

Disclaimer

The material in this post represents general information and should not be deemed legal advice. Any use of the website DOES NOT create or constitute an attorney-client relationship between German American Real Estate & Immigration Law Center, LLC (law firm) or any employee of or other person associated with the law firm and a user of this website. It is intended as an educational resource for
understanding the laws. Since the law is continually changing, some parts of this website may become outdated before the next update. It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case.