Can I Self-petition for an L-1 Visa?
If you are a manager or executive in a foreign company and you establish a new office in the U.S. for that same company, you may be able to use the L1A visa to transfer yourself to manage the U.S. office.
The L-1 visa is a non-immigrant visa that allows companies to transfer employees with specialized knowledge or managerial/executive roles from an overseas office to a U.S.-based office of the same company. It's designed to facilitate intra-company transfers. Primarily designed for facilitating intra-company transfers, the L-1 visa is a non-immigrant option that enables companies to relocate employees possessing specialized knowledge or occupying managerial/executive positions from an overseas branch to a U.S.-based office within the same corporate entity.
The L-1 visa requires that the company employer must serve as the petitioner for the L-1 visa applicant. Therefore, the L-1 visa petitioner must be the company that employs the applicant, and cannot be the applicants themselves. In this sense, the L-1 visa does not allow “Self-petition.”
However, individuals can establish their own company and use the company petition for themselves under the L-1 visa category, but this approach entails meeting more stringent criteria and requirements, as the visa is primarily intended to streamline inter-company staff transfers.
The L-1 visa process usually involves a U.S. employer (the petitioner) filing a petition on behalf of the foreign employee (the beneficiary). The employer needs to demonstrate the relationship between the foreign company and the U.S. office and provide evidence of the employee's qualifications and the need for their transfer.
How can Xu Law Group help?
To ensure a smooth process, it's vital to compile all essential documents and maintain open communication with your immigration attorney. Attorneys aid in securing recommendation letters from notable figures in the field.
Contact Xu Law Group today for your L-1 visa. Our team will provide legal assistance and guidance throughout the entire process. We know that this isn’t an easy journey and can be emotionally taxing, but we’re here to help you to achieve success. We believe in building a strong foundation with our clients to ensure that you will get your L-1 visa, and it all starts with trust.
About the Author:
Toni Xu is an immigration attorney who represents immigrants in EB-1 and EB2 NIW extraordinary ability cases.
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