About the L1 Visa
L1 Visas are nonimmigrant visas which allow a foreign company to transfer qualified employees to its U.S. subsidiary, branch office, affiliate or parent company, which can also be a newly established office. The transferring employee must have worked for the foreign company continuously for one full year within the past 3 years prior to the filing of the petition, and the U.S. company must have a qualifying relationship with the multinational company.
As opposed to other nonimmigrant visas, the L-1 Visa is considered as a dual intent visa. This means that the L1 Visa holder may apply for a green card without risking their nonimmigrant status for the duration of their stay.
Types of L1 Visa
L-1A Visa
The L-1A Visa is for transferring professionals employed in an executive or managerial capacity for the foreign company and will be assuming the same role and capacity in the qualified U.S. company. Moreover, the L-1A Visa allows an executive or manager to be transferred to a newly established office in the U.S.. The visa is initially valid for three years for established U.S. companies, which have been fully operating for more than one yea. It can be extended in two-year increments up to seven years. On the other hand, an initial period of one year will be given to a beneficiary of a petition filed by a new office.
L-1B Visa
The L-1B Visa is for transferring professionals employed in a specialized knowledge position. They may possess propriety knowledge about the company’s product and services or will be travelling to the U.S. to train new U.S. employees. Moreover, the L-1B classification allows a a newly established U.S. office to file a petition for a specialized knowledge employee.
The Value of an Experienced L-1 Visa Attorney
Immigration lawyers can assist you in ensuring that the foreign company, the U.S. company, and the applicant are qualified for the L-1 Visa. They can also guide and create a long-term plan to ensure that dependents and the applicant can obtain and maintain the benefits of an L-1 Visa.
Moreover, not all businesses are good models for an L-1 Visa, and a lawyer experienced with immigration law can discuss the advantages and disadvantages of different business models with you.
They can also explain and help you navigate the complex laws through different immigration solutions, and assist you with your struggles in your application.
Go Visa USA has a team of experienced immigration attorneys who can help you from the start to the end of your L1 Visa application and has helped multiple applicants with different backgrounds and circumstances regarding their visa application.
Benefits of Hiring Our L-1 Immigration Attorney
There are some associated benefits when you collaborate with our experienced L-1 Visa lawyer:
A consistent legal representation for the duration of your visa application;
Our corporate lawyers and immigration lawyers work closely with you to ensure that you meet all the qualifications and requirements;
We go beyond and assist you even with L-1 Visa renewals and extensions, or when you want to obtain a green card; and
Our assistance from the start until the end of your application will help the overall process become more efficient and minimize the costs spent.
L-1 Visa Application Process
The L1 Visa process starts with the petitioning company filing a Form I-129 petition with the United States and Immigration Services (USCIS). It can take several months for the application to be completed, but the USCIS offers premium processing for USD 2, 500 which ensures that the petition is processed within 15 days.
L-1 Visa Validity
The L-1A and the L-1B Visa are valid initially for three years and can be extended in increments of two years.
Meanwhile, if the petitioning U.S. company is a new office, the L-1 petition will be approved for an initial period of one year.
L-1 Visa Requirements
To be able to qualify, here are the L-1 Visa requirements that must be met both by you and your employer:
The qualifying relationship between the U.S. company and the foreign company, which can be parent-subsidiary, affiliate, or branch relationship.
You have worked full-time for the foreign company continuously for at least 1 full year within the last 3 years before filing the petition as executive, manager, or specialized knowledge employee; and
You will be transferred to the U.S. to assume an executive, manager, or specialized knowledge employee.
Required Documents for L-1 Visa
Required Documents for U.S. Company
Aside from filing and paying the correct L1 Visa costs, the employer and the transferring employee must also submit the required supporting documents. The U.S. Company must present the following required supporting documents:
Articles of Incorporation and corporate by-laws;
Business license;
Stock certificates and audited accounts;
Business financial statements and promotional materials;
A description of the business and a detailed business plan;
An organizational chart that includes the total number of employees and the transferee’s position either as a specialized knowledge professional or an executive or managerial capacity;
Business location lease and/or pictures of the company’s main office, factories or buildings, if not included in the promotional material;
Bank statements or proof of initial investment;
Corporate tax returns, if any;
Employer’s Quarterly Report Form 941, if any; and
A company letterhead with logo, name, and address
If you’re an employee coming to the US to work for a new office, you would need to submit evidence of the establishment of the new office such as an office space lease, contracts, and copies of applicable business permits.
Required Documents for Foreign Company
Meanwhile, the following documents are required from the foreign company:
Articles of Incorporation;
Business License;
Stock certificates and audited accounts;
Business financial statements, and tax filings for the past 3 years;
Evidence proving business transactions such as contracts, bills of lading, and letters of credit among others;
Business promotional materials such as company brochures or product overviews;
An organizational chart that includes the total number of employees and proof that the employee is holding a specialized knowledge, executive, or managerial position;
Any contract or document detailing the affiliate relationship or corporate filings describing the corporate relationship;
A statement from an authorized representative detailing the ownership and control of the company; and
A company letterhead with logo, name, and address.
L-1 Visa Renewal
The L-1A can be extended up to a maximum of seven years, while the L-1B can be extended up to a maximum of five years. It will take around 30 to 90 days for the extension to be processed but in some circumstances, the processing time for the extension can depend on the service center’s caseload. There is an option to request for premium processing by paying an additional fee of $2,500 to the government.
How Go Visa USA Can Help You
The L-1 Visa application can be complex for both the employer and the transferring employee. You must consult with the best and most experienced immigration attorney to give you the best course of action during your visa application.
Go Visa USA will assist you from the start until the end of your petition to help minimize the costs you need to spend and to ensure that you meet all the qualifications and requirements. Our team can also give you consultations and advice if the L-1 Visa is the perfect option based on your goals and circumstances.
We go beyond the visa application and can assist you even with renewals or when you want to eventually apply for a lawful permanent resident status.