L-1 NON-IMMIGRANT VISA
Posted on February 24, 2012 by Solutions in LAFollow @SolutionsinLA
In this article, we will review the L-1 Intra-company Transferee Visa Category.
L-1 INTRA-COMPANY TRANSFEREE NON-IMMIGRANT VISA CATEGORY
The L non-immigrant visa category enables international companies to bring in foreign employees from abroad to the U.S. The process of obtaining L-1 Intra-Company Transferee Non-Immigrant Visa may take, on average, between two (if Premium Processing requested) to twelve weeks. If requirements can be met, there are advantages in using the L visa category. According to the 1990 Immigration Act, managers and executives who met the requirement can apply for an employment-based immigrant status. There are 40, 000 visas allotted for this category annually.
Aliens who are admitted to the U.S. under this category might be given maximum initial stay of up to three years. The total period of stay for managers and executives (L-1A) may reach seven years while specialized knowledge personnel’s (L-1B) five years.
Doctrine of “Dual Intent” applies to L-1 visa category. In other words, the transferee must intend to leave/depart the country upon completion of her/his permit. At the same time, she/he may apply for permanent residency in the U.S.
1- one year of continuous employment in the company abroad during the last three years.
2- the company abroad to be the same employer of the employee or an affiliate or a subsidiary of the U.S. company.
3- the company to be doing business both in the U.S. and (at least) one other country during the transfer period.
4- “managerial or executive” employment abroad or a position involving “specialized knowledge” is required for the prospective employee.
5- the reason for the employee to come to the U.S. must be either to fill a managerial/ executive position or a position requires specialized knowledge.
6- proof of the employee’s qualification for the job is required (education and/or experience).
Dependents (spouses and unmarried children under 21 years of age) of L-1 workers are entitled to L-2 status with the same restrictions as the principal. Spouses may apply for employment authorization and all dependents may attend school.
Until next time be well and stay well!
Yasemin Elmas *
This information is intended to provide basic information about L-1 Visa Category. The information contained here may be helpful in providing a general overview of important points for this visa category. It should not be construed as legal advice. A qualified authority should assess all cases on an individual basis.
* Yasemin Elmas, works as a manager and consultant at the Theabridge Group, Inc. Theabridge provides miscellaneous services to immigrants in the United States. You can reach Yasemin at 1-310-629-3375 or via Contact form
**All the rights of the article is reserved by the author.