L-1 visa

• What is L-1 visa?

The L-1 is a non immigrant visa which allows a foreign national to be transferred from current employment to manage a company or a division of the company in the US.

• What are the benefits of an L-1 visa over an E-2 treaty investor visa?

An L-1 petition for renewal gets approved in the US, unlike the E-2 visa, and allows you to legally apply for a Green Card.

• How do I qualify for L-1 visa

The US company you transfer to must be a branch, subsidiary, affiliate or joint venture partner of the UK employer or business and the position must be as a manager, executive or person with specialized knowledge and skills.

• What privileges do I enjoy on L-1 visa?

• You can transferred to the US and work legally for a US branch, subsidiary, affiliate or joint venture partner of a company that already employs you outside of the U.S.
• You can travel in and out of the States continuously or remain until the visa expires
• You can apply for permanent residency (a Green Card)
• Spouse and children under 21 can accompany you

• What are the limitations of L-1 visa?

You can only work for the U.S. employer/company who petitioned your L-1 visa. You gain visa approval for up to three years. Extensions of two years at a time are allowed until you have been in the U.S. for a maximum of five to seven years.

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

The L-1A visa is for managers and executives. You may apply for a Green Card without going through Labour Certification. However, you do not need to be in L-1A status for 12 months if you are a manager or executive with the overseas branch.
The L-1B visa is for key employees (accountants, computer programmers, etc). You must have specialized knowledge of products or procedures.

• Can I extend my stay on L-1 visa?

You can apply for L1 extension using a Form I-129, and an L Supplement. Extensions of two years at a time may be allowed.

• Who can qualify as L-1 Executive?

Anyone who has worked for a minimum of one year as manager or executive for a company in the preceding three years.

• What is the definition of a manager for L-1 visa?

Someone who manages an essential function of a qualifying business. When you come to the US to set up a new office or to purchase a new business it must be shown that either will be able to fully sustain a manager or executive within one year of petition approval.
The employer must furnish the following information to the USCIS:
• The proposed nature of the business,
• the scope of the business,
• the structure and financial goals,
• the size of investment in the US
• the ability of the UK parent co. to pay for the L-1 beneficiary until the trading starts in the U.S.

• If I have worked as a Manager in a key position for a company or corporation in my country do I qualify for L-1 visa?

Yes, if the parent can send you to the U.S. to work for a branch office, subsidiary or affiliate, or to open and manage a franchise or non-franchise business.

• What documents are required to apply for an L-1 petition?

An original signed letter from your company to confirm:
• Your present employment, your position, and length of service.
• That the company authorizes your transfer to the U.S.
• The letter must provide:
• The U.S. company's name and full address with the names and addresses of all locations if more than one is involved.
• A statement about the new position in the U.S.

• How can I avail of faster green card processing on L-1 status?
L-1 managers and executives are eligible for the 'priority workers' category and can apply for permanent residency without the time consuming labour certification process.

• What is the visa status given to the dependents of an L-1 visa?

A spouse and children below 21 years of age are issued with an L-2, an L-1 dependents visa.

• Can my dependents work in the U.S. on L-1 visa?

Only a spouse can obtain an EAD card which needs to be applied for separately.

• Can I work for any other company other than the company that sponsored my L-1 visa?

No, only the one that has sponsored your L-1 visa.

• Can I move L-1 employees to different sites around the U.S.?
Yes, as long as they remain within the same company under the same management and control.

• Is there any limit on the number of L-1 visas available in a year?

No annual cap.

• What is L1 Blanket petition?

A large company can pre-qualify L-1 employees. Once approved, the company can transfer employees to the U.S. on short notice without having to file a petition with USCIS.

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