Guidance From An L1 Visa Lawyer

The L1 visa, or the intracompany transferee visa, allows multinational companies to transfer specific types of employees from a qualified foreign office into a United States office to continue their employment. The L1 visa is highly beneficial for organizations conducting business in the United States and foreign nations, as it facilitates the transfer of employees between different locations as per business demands.

An experienced L1 visa lawyer at George & Marzialo, PLLC, has been where you are. After taking advantage of various visa opportunities, we are practicing law in the U.S. and helping other professionals do the same. Whether you are engaged in trading, manufacturing, technology, construction, or other industries, our L1 visa lawyers can help counsel you about the best way to transfer to the United States to continue working.

The L1 Visa Can Allow for the Transfer of Employees or the Establishment of a New U.S. Office

As detailed by U.S. Citizenship and Immigration Services (USCIS), the L-1A Intracompany Transferee Executive or Manager is a classification that provides a way for a U.S. employer to transfer a manager or an executive from an affiliated foreign office to one of its U.S. offices. The classification can also allow a foreign company that has yet to establish an office in the U.S. to send an executive or a manager to the U.S. for the purpose of starting one.

To begin the process, the employer is required to file a Form I-129 petition, known as the petition for nonimmigrant workers, and pay a fee on behalf of the employee. The L-1A is one form of the visa, but our L1 visa lawyer will explore both below.

L1 Visa Requirements for Employers and Employees

In order to qualify for the L1 visa clarification, as clarified by USCIS, the employer must:

Possess a “qualifying relationship” with a foreign company, which can be the parent company, a branch, subsidiary, or affiliate
The employer must currently be involved or is going to be involved, in business as an employer in the U.S. and at least one other country directly or via a qualifying organization for the complete stay of the L1 visa beneficiary

The “qualifying business” is required to be viable; however, the business is not required to be engaged in international trade. For the purposes of the process, the term “doing business” is defined as the regular, systematic, and ongoing provision of goods and/or services from a qualifying organization. This does not include the mere presence of an agent or office from the qualifying organization in the U.S. and abroad. Clarification on what is required can be given by an L1 visa lawyer at George & Marzialo.

Employee Qualifications for the L1 Visa

The qualifications for an employee to take advantage of the L1 visa are as follows:

The employee must have been working for a qualifying organization abroad for a minimum of one continuous year within the 3 years immediately prior to their admission into the United States.
The employee must be seeking to enter the U.S. to provide service within either a managerial or executive capacity for an office of the same employer or one of its qualifying organizations like an affiliate or subsidiary.

Within the context of these qualifications, the term “executive capacity” generally concerns the ability of the employee to make broad decisions for the company with minimal oversight. The term “managerial capacity” refers to the employee’s ability to control and supervise the work of professional employees in the company and to manage the organization, subdivision, function, department, or component of the organization. This can also refer to the unilateral ability on behalf of the employee to manage an essential function of the business.

An L1 Visa Lawyer Explains: L1V vs. L1B Visas

There are two different types of L1 visas that provide for different types of employees. The L1A visa is available to employees who qualify as executives and managers, as defined above. Such employees can make important decisions and/or supervise others.

Foreign employees who do not qualify under the L1A pathway can apply for an L1B visa. The L1B visa is available to workers with specialized knowledge of the company’s processes, products, equipment, organization, and other key factors. Generally, the L1B visa is only available if a particular employee is necessary for the business operations in the U.S..

Benefits of the L1 Visa

Although there are several types of employment-based visas accessible to foreign workers, being eligible for an L1 visa often serves as their optimal choice due to the numerous advantages, including:

The L1 visa is not subject to any specific annual quotas where a certain number of each visa classification are accepted, whereas the H1B visa is limited in quantity each year making it harder to obtain.
The spouses and dependents of an L1 visa holder are eligible for an L2 visa, which allows them to work while in the U.S., while spouses and/or qualified dependents of the H1B visa are eligible for the H4 visa, which does not allow the spouse and/or qualified dependents to work during their stay in the U.S.
Companies can apply for blanket petitions for their employees to acquire either an L1A or L1B visa.
L1 visas are generally renewable for a period of 5-7 years, whereas a temporary visa like the B2 business visa is issued for only 1 year.
When a person holds an L1A visa, they become a prime candidate for the EB1C green card available to managers and executives, which presents an option for permanent residency.

Working with an L1 visa lawyer from George & Marzialo before starting the process will ensure that you apply for the most appropriate visa with the best benefits and greatest chance of acceptance.

What Types of Applicants Should Pursue an L1 Visa?

The L1 visa offers various distinct and compelling advantages for both the visa holder and their dependents. Some key factors that may make an L1 visa the best option for you include:

You hope to acquire a green card and permanent residency in the future.
You would like to continue your career with the same company, rather than look for an entirely new employer, which would require a very different and more time-consuming process.
You are an executive or manager who does not meet the requirements for the O1 visa or TN visa, which can have more stringent requirements and application processes.
You desire to remain in the U.S. for a longer period of time as the L1 visa offers 7 years of renewal on the L1A and up to 5 years on the L1B, significantly longer than most other visas (this does depend upon approval).
The wait for priority dates for other visa types can seem daunting; the L1 visa has no annual quotas, meaning you won’t have to worry about waiting for priority dates.
Your spouse and/or wish children to work (many other visa options do not enable your family to work while in the U.S.).

Determining what visa pathway is best for your unique situation before starting the application process helps to ensure that your applications are accurate, timely, and appropriate to advance your chance of success. An L1 visa lawyer at George & Marzialo can access your situation to determine the best visa pathway for you.

The L1 Visa Process

Acquiring an L1 visa, while time-consuming and complex, is still somewhat less complicated than other visa applications. The process is as follows:

To start, the applicant must file an I-129 form with USCIS alongside documentation that proves the company’s and the employee’s eligibility for the L1 visa.
Should the USCIS approve the application, a Notice of Action is issued, which allows the applicant to apply for their visa at the U.S. embassy (or consulate in their home country should they be outside the U.S.), or they may apply for a change of status while inside the U.S.
Should the applicant be located outside the U.S. they will need to go through consular processing, fill out a DS-160 online visa application, and bring that to the consulate or embassy along with the filing fee.
After submitting the DS-160 and paying the fee, the applicant will then go through a personal interview with an immigration officer to measure their eligibility for the L1 visa.
If the applicant passes the interview, they can begin working in the U.S. as soon as their L1 visa is issued.

Working alongside an L1 visa lawyer is the best way to ensure all boxes are checked during the application process.

Discuss All Available Options with an L1 Visa Lawyer

To get started with the immigration process, connect with an L1 visa lawyer from George & Marzialo. Our Lawyers know the process intimately and have helped many clients achieve their L1 visa goals in the past. We’ll make sure your application is complete with all the required documents and evidence and put forward the best possible application on your behalf. The L1 visa comes with many benefits, and an L1 visa lawyer will help ensure you can take advantage of them. Contact our firm today.