L-1
(Intra-company Transferee) Visas
The
L-1 visa is available for multinational
companies seeking to transfer high-level and essential employees
from overseas to provide services in a similar capacity to a
subsidiary, affiliate, branch or parent company in the United
States. This individual employee is called an “intra-company
transferee.” The intra-company transferee must have been
working abroad continuously for one year by a firm or corporation
or other legal entity or parent, branch, affiliate, or subsidiary
of the U.S. company within the three years preceding the time
of his/her application for an L-1. S/he must also be coming
to the United States temporarily in order to render his/her
services to a branch of the same employer, and in a managerial,
executive capacity or one that involves “specialized knowledge.”
Categories
of the L visa include the L-1A (for an executive or manager)
and the L-1B (for a person of specialized knowledge). For an
expedited processing of an L visa, many large companies have
a blanket L petition approval for their employees who will be
entering the United States to work in one of these capacities.
Individuals
who work for a company, which has a blanket L petition approval,
may apply for L visa stamps at a United States Consulate abroad,
except for Canadian citizens, who do not need visa stamps, but
can apply for L-1 admission directly at a United States port
of entry on the Canadian border. If a company does not have
a blanket petition, the United States employer must file for
an L-1 visa status for executives, managers, or employees who
have specialized knowledge of products, processes, or operating
policies and procedures, with a US Citizenship and Immigration
Service (CIS) regional service center. Upon approval, the individual
may apply for an L-1 visa stamp at a
U.S. Consulate. Canadian citizens may file the petition directly
at a port of entry since Canadians are not required to present
an L visa stamp at the United States border.
An
L-1 visa may also be a good option
for foreign nationals who are seeking to start a business in
the U.S. The applicant must continue to be operating a business
abroad. The beneficiary individual must also demonstrate one-year
full-time employment abroad in the three years preceding the
application with a parent, branch or affiliate of the U.S. company.
The requirements for an L-1 classification include evidence
that a premises has been secured and that the applicant’s
position in the company abroad was executive or managerial.
The
initial maximum period of an approved L-1 visa
is three years. However, extensions may be granted for individuals
with L-1A (executive/manager) status up to a maximum stay of
seven years. Extensions for individuals with L-1B (specialized
knowledge) status can be granted for a maximum stay of five
years. Spouses of L-1’s may obtain work authorization.
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