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L1 Visa

14 Oct, 24

6 Benefits of the L1 Visa

Introduction

In this blog post, we will delve into the advantages of the L1 visa—a nonimmigrant visa that allows a foreign company to transfer an executive, manager or specialized knowledge employee to work for a related U.S. company. Whether you’re an entrepreneur or a worker seeking employment in the United States, understanding the benefits of the L1 visa can help you make an informed decision. So, let’s dive in and explore the six key benefits of the L1 visa.

1. No Substantial Investment Required

Unlike other visa options like the E2, the L1 visa does not have a specific requirement for making a substantial investment in a U.S. company. This makes the L1 visa particularly appealing to entrepreneurs who are considering various visa options for expanding their businesses in the United States. However, although no specific investment amount is enumerated, new office applications must demonstrate that within one year of the approval of the petition, the intended U.S. operation will be able to support an executive or manager due to the size of the U.S investment.

2. Not Limited to Specific Countries

Unlike some visa types that are limited to citizens of specific countries, the L1 visa is generally available to citizens of all countries. This lack of country-specific limitations makes the L1 visa a versatile option for individuals seeking employment opportunities in the United States.

3. Extended Stay in the United States

The L1 visa provides the opportunity for a considerable period of stay in the United States, particularly if an L1 applicant has not utilized any time on H1B status. L1A visa holders can extend their visa for a total maximum period of stay of up to seven years, while L1B visa holders can extend their maximum period of stay for up to five years. These extensions allow individuals to stay in the United States for a substantial duration and may also include recapture time which requests back time spent outside the U.S. during the duration of the L1 status.

4. Dual Intent Visa

The L1 visa is classified as a dual intent visa, meaning that applicants can harbor the intent to ultimately obtain a green card while applying for the L1 visa. Unlike certain nonimmigrant visas, the L1 does not require applicants to solely maintain nonimmigrant intent. This flexibility allows individuals to pursue permanent residency while temporarily working in the United States on L1 status.

5. Convenient Pathway to Green Card

The L1 visa provides a relatively convenient pathway to obtaining a green card through the EB1C category, which is specifically designed for multinational managers and executives. The requirements for EB1C are similar to those of the L1 visa, making the transition to a green card a viable option for L1 visa holders who meet the necessary criteria.

6. Eligible for Premium Processing

The L1 visa is eligible for premium processing, offering an expedited adjudication process. By paying an additional fee, applicants can have their L1 visa application processed within 15 calendar days, providing a faster route for obtaining approval from the United States Citizenship and Immigration Services (USCIS).

Conclusion

The L1 visa offers several significant advantages for entrepreneurs and individuals seeking employment opportunities in the United States. Its lack of a substantial investment requirement, broad eligibility for citizens of all countries, extended stay options, dual intent classification, convenient pathway to a green card, and eligibility for premium processing make it an appealing choice. Understanding these benefits can help you make an informed decision when considering the L1 visa as your immigration option. If you found this information valuable, don’t hesitate to share it with others who might benefit. Remember, knowledge is power, and we aim to empower individuals with immigration insights. Stay tuned for more informative content in the future.

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L1 - Intracompany Transferee

The L1 visa are for Intracompany Transferee employees either Executive or Managers or those with Specialized Knowledge. The L1 visa enables multinational companies to expand operations by transferring qualified staff to a newly established or existing United States subsidiary, affiliate, parent or branch office.

This visa is available to someone who has at least 1 year of experience (within the last 3 years) as either a manager or specialized knowledge worker with a foreign company that is commonly owned and controlled by or commonly owns and controls a business in the US (or will be opening a new office in the US). The foreign national must also be coming to work for the US office as either a manager (L-1A visa) or specialized knowledge worker (L-1B visa). 

A manager as defined by US immigration law is essentially considered to be someone who manages professional workers, manages at least 2 tiers of non-professionals or unskilled workers or manages a key and essential function  of  the  organization.

Specialized knowledge workers are those that have specialized knowledge of a company’s products/services or advanced knowledge of the company’s processes, procedures, policies, etc. that is not commonly held in the company or the industry (e.g., knowledge of a proprietary or patented product or service).  Generally, if such knowledge can be transferred to someone in the foreign national’s field through reasonable training or if such knowledge is commonly held throughout the company, the government will not find that the foreign employee has specialized knowledge.

There are specific provisions of the US immigration laws that apply to foreign corporations seeking to establish a new US office. These laws require that the new office secure an office or premises from which to conduct its business and essentially set up its operations (ie, incorporate the company, obtain a taxpayer ID, number, secure a bank account, etc.) before an L-1 visa application is made.

One cannot apply for this visa and then come open a US office. 

Setting up operations is usually done by a representative of the foreign company.    Foreign representatives can enter the US on a B-1 visa or under the Visa Waiver Program to so set up new office operations. 

Once operations are established, then the new office can apply for an L-1 visa for the manager or specialized knowledge worker it seeks to transfer to the US.  The foreign representative is not permitted to manage/work for the company on B-1 visa or via a Visa Waiver Program entry.

The L-1A visa can be held for up to 7 years total.  The visa is usually granted initially for 3 years (unless a new office is involved, in which case the visa would be granted for 1 year), and extensions are granted in 2 year increments up to the 7 years maximum. The L-1B visa can be held for up to 5 years total.

The visa is usually granted initially for 3 years, and extensions are granted in 2 year increments up to the 5 years maximum.  The family members of L-1A and L-1B visa holders, specifically spouses and unmarried children under 21, are automatically granted L-2 visas. An L-2 spouse can apply for a work permit in the US, and once granted, this work permit would allow the spouse to work for any US employer, although work is not required. L-2 children are unfortunately not able to apply for work permits, but they can attend school full-time on L-2 visas.

L1 Visa Types

  • L1-A is for managers and executives, who are either transferring to a US office, or coming into the US for the purposes of setting up a US office.
  • L1-B is for specialized employees, who have essential specialist skills or knowledge.

Eligibility Criteria

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations).
  • Must have completed a minimum of one year’s continuous employment for the company outside of the U.S. within the three years immediately prior to your admission to the United States.
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.
  • You must have been working in an executive or managerial role throughout the twelve-month qualifying period.
  • You must be seeking to enter the United States to provide service in an executive or managerial capacity for an affiliate or branch of the same employer or one of its qualifying organizations.

Definitions

Extensive Business Listings:
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
Executive Capacity
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial Capacity
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
Specialized Knowledge
Specialized knowledge workers are those that have specialized knowledge of a company’s products/services or advanced knowledge of the company’s processes, procedures, policies, etc. that is not commonly held in the company or the industry (e.g., knowledge of a proprietary or patented product or service). Generally, if such knowledge can be transferred to someone in the foreign national’s field through reasonable training or if such knowledge is commonly held throughout the company, the government will not find that the foreign employee has specialized knowledge.
Parent
Parent: is defined in the regulations simply as “a firm corporation, or other legal entity that has subsidiaries”.
- One of the companies owns more than half of the other company
- One of the companies is a 50% partner of the other company, which is a joint venture. In this situation, the parent company must have equal control and veto power over the subsidiary company.
- One of the companies owns less than half of the other company but has control over the company.
Branch
Branch: means “an operating division or office of the same organization housed in a different location.
Subsidiary
Subsidiary: means a firm, corporation, or other legal entity owned by a parent company. Ownership may be direct or indirect. The parent must own and control 50% or more of the subsidiary.
Affiliates
Affiliates: means (1) One of two or more subsidiaries which are owned and controlled by the same parent or individual, or (2) One of two or more legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity.

L-1 Visa Process

1. Business model preparation

2. Business Registration and Setup

3. Application preparation

4. File Form I-129 and L Supplement at USCIS

5. Change Status of Apply for L1 Visa at consulate office

6. Start working and managing US business

Benefits for L1 Visa

  • Ability to Live and Work in the USA
  • Extended Period of Stay
  • Dual Intent Visa
  • No Set Wage Requirements
  • Immigration Benefits for Your Family
  • L1 Visa is Eligible for Premium Processing
  • No Annual Limit to the Number of L1 Visas Issued

L1 Visa to Green Card

The L1 visa is a non-immigrant visa category with dual intent. This means that the L1 visa is temporary and does not directly lead to a green card.

 In order to go from an L1 visa to a green card, you will have to either apply for an adjustment of status or apply for an immigrant visa abroad.

Path to Green Card

  1. EB1C Green Card for multinational managers and executives
  2. Work Sponsorship
  3. EB5 investment-based immigrant visa and Green Card
  4. Marriage (Spouse Sponsorship)

Spouses and Children

Spouses and children (unmarried and under age 21) of L-1A visa holders can be granted L-2 dependent status.  L-2 status provides work authorization upon filing and approval.

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