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The L1 visa is a nonimmigrant visa, which allows foreign nationals being transferred by their current employer to enter into the U.S. to manage an organization or a major function or division of an organization.
U.S. Company to which you are being transferred must be a branch, subsidiary, affiliate or joint venture partner of your non-U.S. employer.
L-1 status allows you:
- To work legally for a U.S. company that is a branch, subsidiary, affiliate or joint venture partner of a company that already employs you outside of the U.S.
- To travel in and out of the U.S. or remain in the U.S continuously until your L-1 status expires.
- To apply for L-2 visa and employment authorization for the dependents
(Dependents include the spouse and children below 21 years of age).
- To legally apply for a Green Card.
2 Types of Employees May Be Sponsored for L1 Visa:
Manager/Executive: Legal definition of manager and executive role must be strictly followed and detailed description of duties must be enclosed along with the petition.
Generally, an executive or a manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer.
Persons in this category get L1A visa. Initial petition will be approved for 3 years, and can be renewed twice for 2 years each for total of 7 years.
Specialized Knowledge Staff: Person should have knowledge of the company’s products/services, research, systems, proprietary techniques, management, or procedures.
Persons in this category get L1B visa. Initial petition will be approved for 3 years, and can be renewed once for 2 years for total of 5 years.
L1 for Opening New Office in US:
It is possible for a manager or executive to come to US for opening a new office, provided evidence for following are produced:
- Sufficient real estate space has been secured to operate new office;
- The beneficiary has been employed for one continuous year in the three year period preceding the filing of the petition in an executive or managerial capacity and that the proposed employment involves executive or managerial authority over the new operation
- The intended United States operation, within one year of the approval of the petition, will support an executive or managerial position.
For More Information, Visit:
Lana Kats, Esq.
Attorney At Law