Work Visas L-1
Work visas

Work Visas L-1

The L-1 visa is required for employees being transferred from a foreign company to a U.S. company. To qualify, the employee must be an executive, manager, or a person with specialized knowledge, and must have worked for at least one year at the foreign company. The documentary requirements for this visa include proof of one year’s continuous employment at the foreign firm, and this must fall within the three years immediately preceding the application. If an L-1 beneficiary enters the U.S. on some other type of work visa, in his or her capacity as an employee of the foreign company, the interval spent working in the U.S. does not count in assessing the one-year requirement for being granted an L-1 work visa. However, it is not counted toward the one-year previous foreign employment either.

Attorney is ready to consult you to see if you qualify the L1 visa requirements, give personal recommendations and answer any questions you might have while applying for a visa.
Attorney and ACS LAW professionals are ready to help you to set up a company in the US, to organize the transition of your company from a foreign business to an American one and handle other relocation issues.
Attorney is ready to review your documents, draft and file your petition with the USCIS and coach you for the interview with an immigration officer.

Who is Eligible for Nonimmigrant L-1B Visas?

Who is Eligible for Nonimmigrant L-1B Visas?

To qualify as a specialized knowledge employee, a worker must have special knowledge of the potential employer’s product, service, research, equipment, techniques, management or other interests; and of its application in the international markets. An employee may also qualify based on an advanced level of expertise in the firm’s processes or procedures. In addition, the L-1B visa classification does not apply in certain situations where the worker is stationed primarily at a worksite other than that of the petitioning firm. However, off-site location alone does not necessarily disqualify the immigration petitioner; disqualification also requires either of two conditions:

  • The employee must be principally under the control or supervision of the unaffiliated worksite employer;
  • The off-site placement work duties comprise ordinary hired labor, rather than requiring any specialized knowledge about the petitioning firm’s product or service.

Note that these ineligibility provisions apply only to workers engaged in off-site employment, and do not apply if the L-1B beneficiary will be working at the sponsoring employer’s physical location. Where the L-1B visa holder’s responsibilities spans both locations, the USCIS will examine what the worker does when he or she is at each location and will make its own determination as to where the work is primarily performed. The provisions apply to all L-1B cases, including both first-time L-1B petitions and L-1B extensions.

L-1 Employers

Petitioning L-1 visa employers must be a subsidiary, affiliate or branch office of the foreign firm, and the foreign and U.S. companies must be related by either a more than 50% stock control, or a 50/50 joint venture with joint veto power. The petitioning company must demonstrate that it is either the same as the foreign firm, or is a subsidiary, affiliate or branch office of the foreign firm.

L-1 Employers

L-1 Visa Duration

For workers at startup businesses, L-1 visas are valid for one year. At businesses operating in the United States for a year or longer, the initial L-1 visa is valid for up to three years. It can be extended to five years for an employee with special knowledge, and to seven years for an executive or manager. Applicants must file L-1 extensions at the USCIS Regional Service Center for the area where the business is located.

Where Do I Apply for An L-1 Visa?

All L-1 visa applications must be sent to one of the USCIS’s Regional Service Centers. Once the application is approved, the USCIS sends the approval notice to a U.S. consulate, where the applicant can pick up their L-1 visa.

Spouses and Minor Children

Spouses or unmarried minor children of foreign workers who obtain L-1 visas are entitled to the same nonimmigrant classification, for the same length of residence as the worker. Spouses and children are admitted with L-2 visas. Spouses may seek employment authorization from USCIS, but minor children are not eligible for employment in the United States.

Domestic workers of an L-1 visa holder can be eligible to continue working for their employer, under the terms of a B-1 visa.

Spouses and Minor Children

How can Attorney help you?

Attorney can draft a petition and coach the applicant for the interview with a consul. If our client is currently staying in the US,attorney will make the most of it to get an L-1 visa approved for 3 years.

Attorney experience makes it possible to handle the most complicated issues with a positive outcome. Is your petition denied or is it about to happen in the near future? Attorney is able to delay the denial procedure and to promptly respond to the notification you have received. Has your petition been refused? Attorneys are ready to represent your best interests at the appeal court and recommend immigration program if necessary.

Are you working with an immigration attorney yet? You might be interested to get an alternative opinion. Attorney is ready to provide he/she qualified opinion on L-1 visa application after analyzing the information you provide.

The visa denial is likely to prevent you from achieving your objective for at least 6 months. Our attorney experience and professionalism will work for you.