The L-1A and L-1B Visa
The L-1A and the L-1B “Intra-Company Transfer” visas are great visa alternatives to the H-1B Visa as well as for the EB-1 or O-1 Visa. This visa is particularly well suited for companies that are looking to get a foothold in the US market by establishing a sales office, distribution center, administrative office and so on. In many cases the foreign company will transfer a senior manager to the US location to oversee the new operation.
In addition, there are often multi-national companies that have difficulty finding qualified employees in the US, particularly within the STEM field (Science, Technology, Engineering, and Mathematics), so they recruit from within the company’s international organizations. This is another case in which the L-1A or L-1B is suitable for bringing a skilled worker into the United States.
What is an L-1A or L-1B Visa?
In order to qualify for the L-1 visa you must meet the following requirements:
- An intra-company transferee can be a manager, executive, specialist or one with specialized knowledge.
- He/she must have worked for the foreign company for at least one continuous year within the last three years. Thus, the manager, executive or specialist could have left the employment of the company and have come back. As long as, within the last three years, one of those years was an as employee of the company, then he/she would qualify.
- The citation above does not state that during the qualifying year of employment, the alien must have worked in a managerial, executive or specialist position, only that he/she had been an employee of the company during the qualifying period.
- Spouse and minor children can also obtain visas to accompany the transferee.
While the L1 Visa paves a pathway to a Green Card, which means that the application process for the L-1 Visa is highly scrutinized by US Immigration. In our experience with the L-1 Visa we have noticed that US Immigration places quite a bit of emphasis on the business that is transferring the individual into the United States, rather than on the individual applicant.
More specifically, US Immigration requires the petitioning organization to have a branch or related entity that conducts business outside the United States. Meaning that the domestic entity would have to have been “doing business” and systematically providing goods or services for at least a year before the filing of the petition.
In layman’s terms, in order to qualify for the L-1 Visa, an individual must first meet the qualifications of working for at least one continuous year within the last three, and the business entity must not located here in the United States.
Upon applying for the L-1 Visa, the applicant must be applying to work for and within a US based business entity. Once these criterion have been met, it must be established that the petitioning business is in actuality “doing business”.
While these requirements may sound complex, we will work with you to ensure that your company and your position here in the United States meet the requirements enumerated by US Immigration.
Family and the L-1 Visa
While coming into the United States is a priority for many of our clients, they are often concerned with how they can bring their family members along and what sort of options they will have here during their stay. The L-1 Visa allows both spouses and minor children (under the age of 18) to accompany you to the United States. In addition, upon arrival into the United States, spouses of L-1 Visa holders will also be eligible to apply for work authorization in the United States.
Thus, your spouse can continue on their own career path should they choose to do so. We know how important it is to bring your family along and will work with you to ensure that each member of your family is happy with their relocation to the United States.
We Can Help
Our office will diligently guide you through the entire documentation process, in addition a to preparing your entire visa application package. As you consider your options and look through the requirements, feel free to give us a call to schedule your free phone consultation. We look forward to hearing from you soon.
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Tel: 310 496 4292
Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.
Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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