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THE L-1 VISA
The L-1 visa
is a work visa available for the purpose for transferring key employees of
international companies with offices in the U.S. and at least one other
country. The L-1 is also available to allow companies to transfer an employee
to the U.S.
for the purpose of opening up a branch or subsidiary. The visa allows such
foreign workers to relocate to the company's U.S. office after having worked
abroad for at least one of the past three years.
The U.S. company may be a branch,
subsidiary, sister or parent of the foreign company. To establish the parent/ subsidiary
relationship, one entity must own more than 50% of the shares of the other and
must also be able to control it. It's also possible for the U.S. and
foreign entities to be owned by the same owner, or group of owners in similar
proportions.
Spouses of L-1 holders are eligible
for employment authorization and are actually allowed to work without
authorization. Children are not allowed to work.
The L-1 visa has two categories: the
L-1A for executives and managers, and the L-1B for specialized knowledge
workers. The L-1A is a cherished prize because it may be used as a basis for an
application for permanent residence. "Dual intent" is the rule. Thus making
immigrant intent irrelevant. The L-1A, with extensions, is valid up to 7 years.
The L-1B is valid up to 5 years. After the visas expire, the holder must leave
the country for an aggregate of 365 days. If the individual continues to work
for the same company overseas, they may reapply for a new L-1 visa.
L-1 visas may be applied for
individually, or as part of a blanket procedure available to large companies
involved in transferring many employees in any given year.
Applicants who are in status in the
U.S. may apply by petitioning the local Service Center and requesting a
simultaneous change of status to L-1. If the applicant is overseas, the
petition is adjudicated at the local Service Center and the application for the
visa handled at the appropriate consulate. The spouse and children may apply
for derivative L2 visas.
For new entities, the L-1 visa is
issued for one year. Then the petitioning entity must apply for a two year
extension. It will be required to prove that it is viable and progressively
able to support the beneficiary as well as several "U.S. workers". There is no
minimum investment requirement. It must be shown, however, that there exists
enough capital to pay salaries and other expenses.
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