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L-1
Visa
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The
US government provides an unlimited number of visas for managers and executives
(called L-1 visas) transferring from the
foreign branch or subsidiary of a company to a U.S. branch. Large multinational
companies may apply for a blanket L-1 visa
to expedite the processing of large numbers of employees,
- L-1
Visa Quota: none
- Length
of L-1 Visa: 3 years
- L-1
Visa Extensions: 2 years at a time, up to
a total of 7 years (5 years for an L-1B
visa)
- L-1 Visa Application Processing Times: Normally 30-90 days. For faster processing, a company may apply for Premium Processing Service, which speeds up USCIS response time to within fifteen (15) days of receipt of a petition, application or other documents. For more info, click here (USCIS website).
In order to qualify for an L-1 visa you must:
(1) be a manager or executive, or person with specialized knowledge, who has been employed by the company continuously for at least one of the past three years.
(2) show that your non-U.S. employer is a currently operating branch, subsidiary, affiliate, or joint venture partner of the U.S. company to which you are transferring.
The two types of L-1 visas are:
(1) L-1 A visa - for foreign managers and executives transferring to the US to manage a company or a major function or division of a company; to supervise employees or manage an essential department of a company
(2) L-1B visa - for foreign employees with specialized knowledge of the company's products, research methods or marketing methods, which are important to the company's competitiveness
What is the difference between an L-1 A and an L-1B visa?
L-1A visas confer certain advantages that L-1B visas do not:
(1) Less paperwork: The petitioning company of an L-1B applicant must apply for a Labor Certification for the applicant in addition to the petition and application. L-1A applicants are not required to do so.
(2) More time: L-1A visa holders may extend their visas up to 7 years; L-1B visa holders may extend up to 5 years. Also, L-1A visa holders whose 7-year limit has been reached may re-enter the US for another full term as an L-1 holder after a one-year period of absence from the US.
L-1 visa applications involve two steps:
(1) the applicant's employer must file a petition with the USCIS (United States Citizenship and Immigration Services). (A multinational company that regularly transfers many employees may apply for a blanket L-1 visa order to bypass the petition process.)
(2) Once the petition is approved, the L-1 visa application can be filed by the applicant.
*For L-1B applicants, the petitioning employer must also apply for a Labor Certification
Visas for accompanying relatives Dependent relatives (spouses or children under 21) of L-1 visa holders are eligible for L-2 visas. They may live and work in the U.S. In order to work, dependent relatives should apply for a Employment Authorization (EAD).
For more information about L-1 visas, or to begin the application process, click here to let our experienced immigration attorneys assist you. Our initial 30 minute consultation is FREE.
