L-1 Visa Services

An L-1 Visa is a non-immigrant visa that allows a U.S. employer to transfer an executive/ manager, or employee with specialized knowledge from a foreign office to a U.S. office. This visa also allows a foreign company without a U.S. presence to send an executive or manager to establish one a new office.

There are two main types of L-1 Visas:

L-1A Visa

The L-1A visa is for intracompany transferees who work in a manager or executive position in a company outside the U.S. It permits these employees to stay in the U.S. for up to seven years.

L-1B Visa

The L-1B visa is for intracompany transferees who work in roles that require specialized knowledge in a company outside the U.S. It permits these employees to stay in the U.S. for up to five years.

There are many benefits of having an L-1 Visa. Dual intent is one of the most important advantages associated with obtaining this type of visa. This means that L-1 Visa holders can pursue permanent residency (Green Card) without losing their L-1 status and also provides freedom to travel with a pending I-485. This flexibility makes the L-1 Visa an attractive option for those who want to establish long-term residency in the U.S.

Another benefit is family inclusion. L-1 Visa holders can bring their spouse and unmarried children under 21 years of age to the U.S. Spouses are authorized to work, incident to status, and do not need to apply for separate work authorization. Spouses and children can also attend school in the U.S. without needing to apply for a student visa.

Additionally, L-1 Visa holders can transition to permanent status without requiring labor certification via the EB-1C process. The L-1 Visa also facilitates international business growth and domestic expansion by enabling companies to open additional offices within the U.S.

A U.S. employer seeking to classify an employee as an intracompany transferee must meet the following requirements:

• The employer must be, or will become, an employer in the United States and at least one other country be a part of a qualifying organization. This must be maintained throughout the employee’s stay in the U.S. on the L-1 Visa. While the business must be viable, it does not need to engage in international trade.
• The employer must have a qualifying relationship with a foreign company (such as a parent, branch, subsidiary, or affiliate, collectively referred to as “qualifying organizations”).

When a U.S. employer petitions to classify its employee as an L-1 visa holder, it should pay close attention to the legal terms “doing business” and “qualifying relationship.”

“Doing business” refers to the regular, systematic, and continuous provision of goods and/or services provided by a qualifying organization. It does not include merely having an agent or office presence in the U.S. and abroad.

The process of obtaining an L-1 Visa involves several steps:

1. Petition Filing: The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS).
2. Documentation: The U.S. employer must provide necessary documentation, including proof of the qualifying relationship between the U.S. and foreign offices, evidence of employment duration, and details of the job duties.
3. Consular Processing: If the petition is approved, the applicant must apply for the L-1 Visa at a U.S. consulate or embassy in their home country, unless they are already in the U.S. in another valid status.
4. Interview: The employee must attend a visa interview and present supporting documents to the consular officer.
5. Approval: Upon approval, the L-1 Visa is issued, allowing the applicant to enter the U.S. and begin employment.

Navigating the L-1 Visa application process can be challenging. At Patel Law Group, we specialize in offering expert advice and individualized assistance to ensure a smooth and successful application. Our committed team can assist both individuals and companies looking to expand their careers in the U.S. or transfer essential employees to the U.S. Contact us today to schedule a consultation and take the first step towards securing your L-1 Visa.