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The L-1 visa offers a powerful way for multinational companies to bring key personnel to the United States. Whether you need to transfer an executive or manager (L-1A) or an employee with specialized knowledge (L-1B), the L-1 visa provides a path to bring talent to your U.S. operations.

At De Wit Immigration Law in Miami, we help organizations transfer key personnel to the U.S. through the L-1 visa program. Our L-1 visa attorneys will work with you to develop a customized strategy, ensuring a smooth transfer for your employees.

What is an L-1 Visa?

The L-1 nonimmigrant visa allows multinational companies to transfer certain employees from their foreign operations to their U.S. operations or to establish a new U.S. office. There are two types of L-1 visa:

  • L-1A Visa: For intracompany transferees who will work in executive or managerial positions in the U.S.
  • L-1B Visa: For intracompany transferees who will work in a position requiring specialized knowledge in the U.S.

To qualify, employees must have worked abroad for the multinational company for at least one continuous year within the three years preceding the U.S. transfer as an executive, manager, or specialized knowledge worker.

Benefits of the L-1 Visa

The L-1 visa offers several key benefits for multinational companies and their employees:

  • Facilitate knowledge transfer: The L-1 visa allows companies to bring employees with essential company-specific expertise to the U.S., facilitating knowledge transfer and maintaining operational continuity.
  • Establish or expand U.S. presence: Companies can use the L-1 visa to send key personnel to establish a new office or to expand or sustain existing operations in the U.S.
  • Path to permanent residency: L-1A visa holders may be eligible for an EB-1C green card, which enables a streamlined path to permanent residency.
  • Flexible duration: L-1A and L-1B visas are typically granted for an initial period of three years for established U.S. businesses or one year for new offices, but can be extended in two-year increments up to a maximum of seven years for L-1A and five years for L-1B.
  • Spousal work authorization: Spouses of L-1 visa holders are eligible for L-2 visas, which enables them to work in the U.S.

L-1 Visa Requirements

While the L-1A and L-1B visas share some common requirements, each category has specific criteria that must be met.

L-1A Visa Requirements

  • The U.S. and foreign company must be related as parent/subsidiary, branch, affiliate, or joint venture partners.
  • The employee must have worked for the organization abroad for at least one continuous year within the three years preceding the transfer.
  • The employee’s role abroad must be in an executive, managerial, or specialized-knowledge capacity.
  • The employee’s proposed role in the U.S. must be executive or managerial. The U.S. company must be actively doing business or, if establishing a new office, must have physical premises, a business plan, and sufficient capitalization.

L-1B Visa Requirements

  • The U.S. and foreign company must be related as parent/subsidiary, branch, affiliate, or joint venture partners.
  • The employee must have worked for the organization abroad for the related company for at least one continuous year within the three years preceding the transfer.
  • The employee must possess specialized knowledge of the company’s products, services, research, equipment, techniques, management, or other key interests.
  • The employee’s specialized knowledge must be beyond the ordinary and not commonly held throughout the industry.
  • The U.S. company must be actively doing business or, if establishing a new office, must have secured sufficient physical premises, a business plan, and sufficient capitalization.

The L-1 Visa Application Process

Our experienced L-1 visa lawyers will guide you through each step of the application process:

  1. Assess eligibility: We’ll evaluate your corporate relationship and the employee’s qualifications to determine L-1 visa eligibility.
  2. Prepare the petition: We’ll help you gather the necessary documentation and prepare a strong petition demonstrating how the employee and the positions meet the L-1 requirements.
  3. File Form I-129: We’ll file Form I-129, Petition for a Nonimmigrant Worker, along with supporting evidence, with U.S. Citizenship and Immigration Services (USCIS), and respond to any request for additional evidence on your behalf.
  4. Obtain visa or change of status: If the employee is outside the U.S., they’ll apply for an L-1 visa at a U.S. consulate after USCIS approves the petition. If the employee is already in the U.S., they may be able to change status to L-1 without leaving.
  5. Extensions and amendments: We’ll assist with L-1 visa extensions and amendments as your business needs evolve.

Why Choose De Wit Immigration Law

When you choose De Wit Immigration Law for your L-1 visa needs, you’ll benefit from:

  • Experience: Our attorneys have deep knowledge of the nuances of the L-1 visa category and stay current on the latest policy changes.
  • Tailored approach: We take the time to understand your unique business needs and develop a customized L-1 visa strategy.
  • Proactive guidance: We anticipate potential challenges and work proactively to build the strongest possible L-1 petition.
  • Comprehensive service: From initial assessment through employee onboarding and beyond, we provide end-to-end L-1 visa support.

If you’re looking to transfer key personnel to the U.S., don’t try to handle the L-1 visa process alone. Contact De Wit Immigration Law today to schedule a consultation with one of our experienced L-1 visa lawyers. We’re here to help you leverage global talent to grow your U.S. operations.

Frequently Asked Questions

What is the difference between an L-1A and L-1B visa?

The L-1A visa is for intracompany transferees who will work in an executive or managerial capacity in the U.S., while the L-1B visa is for transferees who will work in a position requiring specialized knowledge. L-1A visas can be issued for up to 7 years, while L-1B visas are limited to 5 years.

How long must an employee have worked for the company abroad to qualify for an L-1 visa?

To qualify for an L-1 visa, the employee must have worked abroad for the multinational company for at least one continuous year within the three years preceding the U.S. transfer.

Can a company use an L-1 visa to open a new U.S. office?

Yes, a company can use the L-1 visa to send an executive, manager, or specialized knowledge employee to the U.S. to establish a new office. However, the company must submit a business plan, evidence that the new U.S. demonstrates that it has secured sufficient physical premises for the new office and that it will support the U.S. operation within one year.

How long is an L-1 visa valid?

L-1A and L-1B visas are typically granted for an initial period of three years. L-1A visas can be extended up to a maximum of 7 years, while L-1B visas can be extended up to a maximum of 5 years.

Can L-1 visa holders bring their family to the U.S.?

Yes, spouses and unmarried children under 21 of L-1 visa holders are eligible for L-2 visas. L-2 spouses can obtain work authorization in the U.S., while L-2 children can attend school.

How long does the L-1 visa process take?

Processing times can vary, but USCIS typically takes several months to adjudicate an L-1 petition. Premium processing, which guarantees a response within 15 calendar days, is available for an additional fee. Once the petition is approved, the employee must apply for a visa at a U.S. consulate abroad, which can take additional time.

Can an L-1 visa lead to a green card?

Some L-1A visa holders may qualify for an EB-1C green card, which is for multinational executives and managers. This can provide a quicker path to permanent residency than many other employment-based green card categories. L-1B visa holders may qualify for an EB-2 or EB-3 green card if they meet the requirements and their employer sponsors them. One benefit of the L-1 visa is that it is “dual intent,” which permits holders to apply for lawful permanent residence without affecting their nonimmigrant visa status.

Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.

I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.

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