L-1 to EB-1 Green Card
The L-1 visa (Intra-Company Transferee Visa) enables multinational businesses to transfer qualified personnel from a qualifying foreign office to the United States. The L-1A visa can be used to set up a new office or branch in the U.S.
If you are a business owner who is looking to expand your company into the United States, you may be wondering if an L-1 visa is the right option for you. An L-1 visa allows foreign nationals to work for a U.S. branch of a foreign company. Both executive and key employees can apply for the L-1 visa. In this guide, we will discuss everything you need to know about L-1 visas, including eligibility requirements and how to apply. Let's get started!
What is the L-1 Visa?
The L-1 visa is often used by multinational corporations (MNCs) to transfer executives, managers, and key employees from an overseas parent company or subsidiary to the U.S. company. There are two types of L-1 visas. L-1A visa is used to transfer an executive or high level manager. L-1B visa is used to transfer a specialized knowledge worker whose skills and knowledge cannot be easily replaced in the United States.
What are the L-1 Visa Requirements?
There are several requirements for the L-1 visa:
The U.S. company and the foreign company must maintain a “qualifying relationship,” with one of the entities being the parent, subsidiary, branch, or affiliate of the other. A qualifying relationship could mean greater than 50% ownership interest and/or actual control by one entity of the other; each company is owned by the same group of individuals owning the same share or proportion of each entity.
The L-1 visa applicant must have worked full time for at least 365 days during the past 3 years for an overseas office.
The L-1 visa applicant must be in the managerial or executive position, or specialized knowledge capacity position in both the overseas and U.S. entities.
The U.S. office should be in operation for a minimum of 1 year prior to application to minimize chances of denial. It’s possible to get a new office with under 1 year operation approved. However, the approval period will be 1 year only and will need to be renewed.
Must have leased a premise / office for the U.S. company.
L-1A Manager Visa Requirements
1 Year Rule
The L-1A foreign work must have worked full time for the foreign company for at least 1 year during the past 3 years before the L-1 visa petition. USICS will want to see your payroll tax-records to prove this.
Managerial and Executive Role
The L-1A employee must have worked in a senior manager position overseas. They must also be coming to the U.S. to work in a senior managerial position.
Opening an L-1 Visa New Office
If the L-1A employee is coming to the U.S. to manage a new office, the employer has the duty to show proper investment and business plan in place so that the L-1A manager will have several managers below them. The New office L-1 will be only granted for 1 year initially.
Managing Others
The L-1A manager must be doing the management of other people in the company. If USCIS finds that the manager is both implementing the strategy and execution, then it will deny the application.
Org Charts
The employer needs to show that there are enough employees to implement the clerical work under the L-1A manager. An org chart will be helpful to show this.
L-1B Specialized Worker Visa Requirements
1 Year Rule
The L-1B foreign work must have worked full time for the foreign company for at least 1 year during the past 3 years before the L-1 visa petition. USICS will want to see your payroll tax-records to prove this.
Not Feasible to Hire a U.S. Worker
The employer must attest that there is no immediate available U.S. worker with the specialized knowledge and skill possessed by the L-1B worker, and that the company's need for the L-1B worker's presence is urgent and it's not feasible to train a U.S. worker to do the job.
Wage Requirements
The employer must not pay the L-1B worker significantly below the prevailing wage.
How long does L-1 Visa last?
L-1A
An L-1A manager can stay for a maximum of 7 years;
Initially 3 years will be granted;
For extensions, usually 2 years will be granted;
L-1B
An L-1B special worker can stay for a maximum of 5 years;
Initially 3 years will be granted;
For extensions, usually 2 years will be granted;
New office
If the U.S. petitioning company is less than 1 year old by the time the petition is submitted, then the L-1 visa worker will only be allowed an initial stay of 1 year.
Prior H-1b Time
If the L-1 visa worker had previously held H1b visa status, any time used during the H1b visa status will be counted towards the L-1 visa clock.
What are the Benefits of the L-1 Visa?
Able to Live and Work in the US
Pathway to green card
Dependent status for your family
Premium processing
No annual quota
Can I Self-petition an L-1 Visa?
You need an employer to sponsor an L-1 visa. If you are an entrepreneur who wish to establish a U.S. branch, you may use the foreign company to apply for yourself as an executive. However, an individual without a company cannot self-petition for the L-1 visa.
Can my Spouse and Children Apply with me?
Yes, spouse and children of the L-1 principal beneficiary can apply for dependent visas to accompany the principal.
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