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L - 1

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
Subpages (1): L1 Requirements