L Visa

The L-visa is used for intercompany transferees. Owners and/or employees of smaller businesses may also apply for this visa. The transferring company must continue to do business abroad during the entire period of the alien's stay in the United States as an L-1 transferee.

L1 intra company business visa allows managers, executives and specialized knowledge employees to transfer from a foreign company to a US parent, affiliated, or subsidiary branch to perform temporary jobs.

The two types of L Visas are:

• L-1A visa is for workers in managerial or executive capacity. The maximum period of stay under this status is 7 years.
• L-1B visa is for specialized knowledge workers. The maximum period of stay under this status is 5 years.

In order to qualify for L visa status, the applicant must have been continuously employed for a minimum of one year for the parent U.S. entity or subsidiary in the foreign country. The entity does not have to be an incorporated business, and may include religious groups and non-profit organizations.

There are special considerations for employees who have not continuously worked for the entity, or have worked a part of the time in the United States within a three-year period

The requirements for an L-1 visa include:

• U.S. employer must have a parent, branch, subsidiary or office in a foreign
  country

• Manager, executive or employee for whom the L1 visa is requested must
  have worked for the foreign entity for at least 12 months in the past 3 years

• Transfer must be requested to allow the worker to perform managerial,
  executive, or specialized knowledge work for the U.S. employer.

The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intercompany transferees who are coming temporarily to perform services either:

• In a managerial or executive capacity (L-1A) or which entail specialized knowledge (L-1B) for a parent, branch, subsidiary or

• Affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is currently no annual cap on L-1 visas.

The benefits of the L–1 visa include:

• Applicant who qualifies for an L-1 visa as an executive or manager should qualify for a green card in the EB1 Category, thus avoiding labor certification.
• Dual intent is applicable, making it possible for a green card petition to be filed while the alien is in L–1 visa status.
• There is no annual limit on the number of L–1 visas that can be issued, unlike the H–1B category.
• L–1 visa status may last for as long as 7 years for executives and managers and as long as 5 years for employees with specialized knowledge.
• Regulations require adjudication of all L–1 applications within 30 days of submission

L-1 Visa is Suitable For:

• Foreign national executives being transferred to the U.S. to manage an organization or a major function or division of an organization
• Foreign national managers being transferred to the U.S. to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision
• Specialized Knowledge employees of companies outside U.S. that have related U.S. branches, subsidiaries, affiliates or joint venture partners
• Employees and partners of international accounting firms
• Multinational companies to transfer foreign national executives to manage an organization or a major function or division of an organization in the U.S.
• Multinational companies to transfer foreign national managers to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision in the U.S.
• Multinational companies to transfer employees with specialized knowledge such as, its products, research methods and marketing techniques

Our experienced business immigration lawyers have an excellent track record helping both employees and employers involved in L visa applications. We serve U.S. corporate branches as well as the executives, managers, and persons with specialized knowledge that L visas are intended for.

The Sheena Law Firm will devote our energy and expertise to helping L visa applicants to meet all requirements in a complete and timely fashion. Call The Sheena Law Firm today to discuss your visa.