L 1 Visa Intra-company Transferee
Overview of the L1 visa
The L1 visa allows for an intracompany transferee to work in the United States in an executive, managerial, or “specialized knowledge” capacity. To qualify, an employee must have worked abroad for at least one continuous year within the three years immediately preceding the transfer. The employee’s work must have been with a parent, subsidiary, or affiliate company of the US employer.
A transferee who will work as an executive or manager will be classified as a L1A nonimmigrant. A transferee who will work in the specialized knowledge position will be classified as a L1B nonimmigrant.
How Long May a L1 Visa Holder Stay in the United States?
An L1A visa holder may stay in the United States for up to seven years. The L1A visa is for executives and managers. An L1B visa holder may stay in the United States for up to five years. The L1B visa is for specialized knowledge employees.
Initially, the L1 visa is valid for three years (unless starting a new office). An L1 visa holder wishing to remain longer must renew his or her visa with the USCIS.
What is Specialized Knowledge?
“Specialized knowledge” means either having special knowledge of a company’s product, service, research, methodology, equipment, technique, management, or other interest applicable in international markets; or having advanced knowledge or expertise in the company’s procedures or processes.
An L1B applicant must be coming to the United States to work in a position requiring specialized knowledge.
What Is the Procedure for Obtaining and L1 Visa?
Most often, an L1 visa petition must be filed with the USCIS Service Center having jurisdiction over the intracompany transferee’s proposed worksite. The L1 petition must be adjudicated and approved before the transferee begins work. The L1 transferee must apply for the L1 visa at the US Embassy or Consulate, if not already in the United States. If the L1 visa beneficiary is already in the United States, he or she can request a change of status if valid nonimmigrant status has been kept. However, an applicant will be required to apply for an L1 visa at a US Consulate or Embassy on his or her next departure from the United States.
Blanket L1 visa transferees and Canadian citizens are two exceptions.
The required documentation for an L1 visa will focus on the qualifying relationship between the US and foreign company, the employee’s job duties outside of the United States, and the employee’s proposed job duties in the United States.
What about L1 Visa Holder Families?
The spouse and unmarried children (under 21 years old) of the L1 nonimmigrant will be classified as L2 nonimmigrants. A L2 spouse is eligible for work authorization and should submit an application for employment authorization (Form I- 765). L2 children are not eligible for work authorization.
What about Canadian L1 Visa Holders?
A Canadian citizen seeking L1 visa status may apply for the status at a port of entry on the US-Canadian border or at a US pre-clearance/pre-flight station in Canada.
What Is the L1 Blanket Visa?
Frequent users of the L1 visa may be inclined to seek a blanket certification for the L1 visa. A blanket certification, once approved, allows a company to submit a L1 visa petition directly to the USCIS or Embassy. As always, certain restrictions apply.
Conclusion
If you’re thinking about applying for an L1 visa, or have a question or concern about L1 visa, please do not hesitate to contact Gafner Law Firm.