About L-1 visa
The L1 visa is an intra-company transfer US visa, also known as temporary non-immigrant visa that allows a US based Company (having presence outside US) to transfer few qualified employees to their US office to continue employment with in a workplace of the identical leader, its parent, branch, subsidiary or affiliate. It additionally enables organizations to open a US operation for the transfer of its officials, directors and specific representatives.
One of the advantages of the L1 visa is that there’s no quota. Unlike in the case of H1 Visa class, a boundless case of Visas can be issued
Indians and Chinese nationals can go under the L1 visa class.
The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee
General Qualifications of the Employer and Employee
To qualify for L-1 classification in this category, the employer must
- Have a qualifying relationship with a foreign organization (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying association)
- Currently be, or will be, working together as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be reasonable, there is no prerequisite that it will be occupied in international trade
Working together methods the customary, systematically efficient, and continuous provision of products or services by a passing association does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee should likewise:
- Generally have been working for a qualifying association abroad for one ceaseless year inside the three years quickly going before his or her admission to the United States
- Be seeking to enter the United States to provide service in an official or administrative limit with respect to a part of a similar manager or one of its qualifying associations
- Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
- Managerial capacity generally refers to the capacity of the worker to oversee and control crafted by expert representatives and to deal with the association, or an office, subdivision, capacity, or segment of the association. It might likewise allude to the employee’s capability to deal with an essential function of the organization at a high level, without direct supervision of others.
L1 Visa category: There are two types of L1 visas
a) L1A Visa: Executives and Managers
- The L1A Visa is intended for Executives and Managers who have supervisory obligation regarding a key capacity or a division of the business. It encourages the transfer of Managers and official executives to a US to work or build up another part of the organization. L1A visas are issued for as long as 1 year for new companies (start-up) and 3 years for existing organizations. The L-1A visa is substantial for as long as 7 years, with augmentation.
b) L1B Visa: Specialized Knowledge
- The L1B Visa is intended for professional personnel with specialized skills whose capabilities can be related to a service or product of the company or is essential for the operations or development of US business. It encourages the transfer of employee to grant their insight into their organization's product to new US employees. L1B visas are issued for as long as 1 year for new businesses and 3 years for existing organizations. The L-1B visa is legitimate for as long as 5 years, with augmentation
L1 Visa merits: L1 visas might be valuable for the accompanying reasons
- L-1 visa holder may live and work legitimately in the US.
- L-1 visa holder may travel inside and outside the US.
- Spouse and children under 21 years of age are eligible to go along with L-1 visa holder on L-2 visa.
- Allows outside organization, which does not yet have an associated office in the US, to set up a US branch
- Spouses of L1 visa holders (L2 visa holders) are permitted to work in the US without confinement.
- Children of L-1 visa holders can go to school in the US.
- The L1 visa is a double plan visa. It permits L-1 visa holders to apply for a Green Card from L1 visa status and obtain lasting residency.
L1 Visa credibility: Representatives working in the US on L1 visa may remain for a long period, depending upon their L1 visa type.
- The most extreme beginning remains for employee entering the US to build up another office is 1 year.
- The most extreme beginning remain for every single other employee is 3 years.
- The maximum stay with extension is 7 years.
L1 visa augmentations are given 2 years at a time.
Where a visa for L-1 is required
Majorly, after approval of Blanket Petition, the employer need only to complete Form, I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee can submit it to a counselor officer in connection with an application for an L-1 visa.
This document outlines the details of L-1 visa for other Form details and petitions shall be explained in subsequent articles.
For foreign employers seeking to send an employee to the United States as an executive or manager to set up a new office, the employer must also demonstrate that
- The employer has secured sufficient physical premises to house the new office
- The employee has been employed as an executive or manager for one continuous year in the three years preceding the submission of the petition
- The intended U.S. office will assist an executive or managerial position within one year of the approval of the petition.
Note on the Strategy:
The company size is considered in term of number of employees and revenues. To establish an executive role, a company must have three tiers of employees; managers may need two or three tiers of employment.
Projected Business Plans are important evidence and must be consistence with the Matter of Ho elements case
Managers who are sole owners of companies can still fulfill the requirements but must establish employee status