Certain executives, managers and specialized knowledge workers can qualify for the L-1 intracompany transfer visa to move from employment at a company outside the U.S. to a related company in the U.S. The foreign worker must have been employed full-time in that qualifying position for the foreign company at least 1 continuous year within the last 3 years. The US company must be related to the foreign company in a qualifying way, the most common of which are: (1) a direct parent-subsidiary relationship, (2) both are majority owned and controlled by the same person, (3) both are owned and controlled by the same group of individuals in roughly the same percentages, or (4) the US office is a branch location.
There is a maximum stay period of 7 years for Executives and Managers (L-1A). One of the benefits of the L-1A visa is that you are allowed to have an intent to remain permanently in the US and also it is expected that you may travel in and out of the US frequently. If the U.S. company is doing well, earning revenues and employing multiple workers, the foreign Executive or Manager may be eligible for a green card (in the EB-1C category) related to the L-1A visa category.
There is a maximum stay period of 5 years for Specialized Knowledge Workers (L-1B). The L-1B visa requires “special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.” (8 CFR 214.2(l)(1)(ii)(D))
The L-1 visa is often a good option for foreign companies that want to send an Executive, Manager, or Specialized Knowledge employee to the U.S. to start up a new office location. The law requires that a qualifying foreign entity be operational at all times that the worker is in the U.S. on the L-1 visa; so this is not a visa option for those who want to move all operations to the U.S.
USCIS adjudicates L-1 applications and applicants can pay USCIS an extra filing fee for 15-day premium processing.
Spouses and children (under the age 21) of the L-1 visa holder can obtain derivative visas to move with the L-1 visa holder to the U.S. Upon entering the U.S. on the L-2 visa, the spouse of an L-1 visa holder automatically obtains work authorization rights and can work for any U.S. employer or self-employ.
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