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what is l1 visa type

by Otho Morissette Published 2 years ago Updated 2 years ago
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L-1-A visa is for managers and executives, who are either transferring to a U.S. office, or coming into the US for the purposes of setting up a U.S. office. L-1-B visa is for specialized employees, who have essential specialist skills or knowledge.

How long can I Stay with a L1 visa?

This depends on the type of L1 visa that you have. If you have an L1A visa, you are allowed to work in the US for a maximum of 7 years, while with an L1B visa, you can stay up to 5 years. When your maximum time is up, you can explore other options, which can also lead to a permanent stay in the US.

How do I obtain a L1 visa?

What documentation should I show to have an L-1A visa to open my office/branch in the United States?

  • Show proof of a physical space large enough to house the new office. ...
  • Proof that the beneficiary has been an executive employee in the company for a consecutive year in the last 3 years. ...
  • A business plan proving that within one year of operations in the U.S., the business will support a managerial or executive position.

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What is the procedure to apply for a L1 visa?

Your L1 petition documents must include:

  • Documentation verifying the corporate relationship between the U.S. ...
  • Documentation verifying capitalization structure of the company (e.g. ...
  • Detailed job description and requirements for the position – In case of a specialized knowledge position, detailed description of your unique knowledge to be used by the U.S. ...

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Can I travel outside USA with L1 visa?

L1 visas may be beneficial for the following reasons. L-1 visa holder may live and work legally in the US. L-1 visa holder may travel within and outside the US. Spouse and children under 21 years of age are eligible to accompany L-1 visa holder on L-2 visa.

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Who is eligible for L1 visa?

Under U.S. immigration law, a worker qualifies for an L-1 visa if the person has been employed outside the U.S. by the sponsoring company for at least one continuous year out of the past three years, and is being transferred to the U.S. to work as a manager, executive, or specialized knowledge worker.

What is meant by L1 visa in USA?

L-1A and L-1B visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States. The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.

What is L1 visa status?

The L is a non-immigrant visa category allowing individuals who are employed at an entity abroad in a certain capacity, for a required period of time, to transfer to the U.S. provided that they will work for a parent, branch, affiliate, or subsidiary of a U.S. entity (“related foreign entity”) in a similar capacity.

Is L-1 immigrant or nonimmigrant visa?

nonimmigrant visasThe L1-A and L1-B visas are nonimmigrant visas (meaning that the foreign national must have an intent to return to his or her country of citizenship); however, obtaining an L1-A or L1-B visa is also permissible for foreign nationals who have dual intent to work in the U.S. temporarily and eventually secure lawful ...

Which is better L-1 or H1B?

H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.

How long is L-1 valid for?

The L-1B is initially valid for three years unless the US office has been in operation for less than one year, in which case the initial visa validity is one year. The L-1B can be renewed in two-year increments up to a maximum of five years.

Can L-1 visa lead to green card?

The L1 visa is a non-immigrant visa and so it is temporary and does not directly lead to a green card. In order to go from an L1 visa to a green card, you must apply for and get approved for an immigrant visa classification.

Which visa is better L1A or L1B?

If you're a manager, executive, or business owner, an L1A visa can grant you a stay for as long as 7 years. If you're an employee with specialized skills and knowledge, an L1B visa grants you a stay for as long as 5 years.

What are the benefits of L-1 visa?

L-1 Visa Benefits for Foreign WorkersRelatively Low Requirements. ... No Job Offer Required. ... No Annual Limits. ... Period of Stay. ... Educational Requirements. ... Spouses and Dependents Can Work. ... Dual Intent. ... Blanket Petition.More items...

Can I change job on L-1 visa?

No, any L1 visa holder cannot apply for a new job while on the L1 visa. This means that he/she cannot transfer to another company through their L1 visa.

Can your spouse work on L-1 visa?

The spouse of the holder of an L-1 visa may typically work. However, the spouse must first apply for work authorization. Application for Employment Authorization can be filed via Form I-765. If the work authorization is granted, the spouse does not typically face any restrictions on his or her place of employment.

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

The main difference between the H1B and L1 visa is: You can apply for an H1B Visa if you will work for an American employer and American-based company. You can apply for an L1 Visa if you will work for a multinational company, in a lead or key position.

Is L-1 visa difficult to get?

However, despite all of these benefits, the L-1 is not the easiest work visa to obtain. This is because the USCIS is becoming stricter with who qualifies as a manager, executive, or employee with specialized knowledge. The L-1A category is for managers and executives.

What are the benefits of L-1 visa?

L-1 Visa Benefits for Foreign WorkersRelatively Low Requirements. ... No Job Offer Required. ... No Annual Limits. ... Period of Stay. ... Educational Requirements. ... Spouses and Dependents Can Work. ... Dual Intent. ... Blanket Petition.More items...

How much does an L-1 visa cost?

To apply for your L1 visa, you are required to File a Form DS-160 with the Department of State. The filing fee for a DS-160 for an L1 visa is $190 per applicant. The L1 beneficiary is responsible for paying this fee (L1 worker).

What is an L1 visa?

The L1 visa is a dual-intent visa, meaning that you may have the intent to temporarily remain in the United States while simultaneously having the intent to possibly immigrate to the United States and become a lawful permanent resident in the future. iv. No Set Wage Requirements.

How many L1 visas can you get?

There is no annual limit to the number of L1 visas that can be issued.

How long is a L1A visa valid?

The L1A visa for managers and executives is initially valid for a period of 3 years and can be extended for a total of 7 years.

How many hours a week do you have to work to get an L1?

The entire year of qualifying employment should be satisfied by the time the L1 application is filed. The employment must be full-time (at least 35 hours a week). There is 1 exception to the full-time requirement in certain circumstances where the L1 beneficiary worked for multiple affiliated companies. iii.

What do you need to work for a foreign company to get an L1 visa?

To qualify for an L1 visa, you must have worked for the foreign company in a managerial, executive, or specialized knowledge capacity.

How long do you have to be employed in the US to file a L1?

The employee coming to work in the US must have been continuously employed full-time by the foreign company for at least 1 year within the last 3 years before filing the L1 petition. The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity.

Where to apply for L1 visa?

If you are not doing a Change of Status, then you will likely be applying for your L1 visa at the Consulate of your home country.

What is an L1 visa?

The L1 visa, also known as intracompany transfer visa, is a temporary nonimmigrant visa that allows international companies with offices in the US and offices overseas to transfer certain qualified employees to their US office.

How many types of L1 visas are there?

There are two types of L1 visas:

How long is an L1A visa valid?

L1A visas are issued for up to 1 year for start-ups and 3 years for existing companies. The L-1A visa is valid for up to 7 years, with extension.

Can a spouse of a L1 visa work in the US?

Spouses of L1 visa holders (L2 visa holders) are allowed to work in the US without restriction.

Can a L1 visa be used for work?

L1 visas may be beneficial for the following reasons. L-1 visa holder may live and work legally in the US. L-1 visa holder may travel within and outside the US. Spouse and children under 21 years of age are eligible to accompany L-1 visa holder on L-2 visa.

What is an L-1 visa?

L-1 visas are available to employees of an international company with offices in both the United States and abroad. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one continuous year within the previous three prior to admission in the US. The US and non-US employers must be related in one of four ways: parent and subsidiary; branch and headquarters; sister companies owned by a mutual parent; or "affiliates" owned by the same or people in approximately the same percentages.

How many subcategories are there in the L-1 visa?

The L-1 visa has two subcategories:

How long is an L-1 visa valid?

An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months (for Iran nationals) to five years (India, Japan, Germany), based on a reciprocity schedule. With extensions, the maximum stay is seven years.

How many L-1 visas were approved in 2010?

In 2010, the U.S. Citizenship and Immigration Services (USCIS) approved 74,719 L-1 visas, out of 91,086 applications (a refusal rate of 18%). In contrast, the same document reports a refusal rate of 21% for the H-1B non-immigrant skilled employment visa (117,409 approvals out of 147,937 applicants) and an overall refusal rate of 23% for all non-immigrant visa categories listed (6,275,540 approvals out of 8,142,444 applicants).

What is blanket L-1 visa?

Blanket L-1 visas, which are available to employers that meet certain criteria.

Where can I apply for an I-129 visa?

Notice of approval of the Form I-129 is given by the USCIS on a Notice of Action, Form I-797, and using this as the basis of the application, the alien may apply for visa issuance at a consulate or embassy of the United States in the country having jurisdiction over their residence.

Can I get an I-797 visa at the consulate?

An I-797 Notice of Action showing the approval of the visa petition does not guarantee that a visa will be issued at the U.S. consulate or embassy, but L-1 visas are normally approved if the consular officer concludes that the individual is qualified and that both the U.S. company and the foreign parent, subsidiary, affiliate or branch are legitimate.

What is an L1 visa?

It allows employers to transfer highly valued employees from a position abroad to a position in the United States. The L1 Visa comes with some fairly complex requirements. There are some requirements that relate to the employer and others that relate to the employee.

What is the second type of L1 visa?

The second type of L1 Visa is intended for employees with specialized knowledge. This visa, referred to as the L1B is much more challenging to obtain than the L1A Visa

What is the advantage of L1A visa?

Another advantage of the L1A Visa is that it oftentimes provides a smooth path to a green card. Once the foreign national executive or manager arrives in the US, their company can oftentimes file for a green card for them under the Eb1c category. This green card category allows the sponsoring employer to avoid the dreaded government-mandated recruitment and labor certification process that employers usually have to go through before sponsoring an employee.

What is a new office L1 visa?

You would apply for a “new office” L1 Visa if the transferring employee intends to work for an entity that has been open for less than one year in the US.

Is a L1B visa good?

However, despite the challenges for L1B specialized knowledge petitions, some cases are a good fit for the visa. One of the best uses of the L1B Visa is to transfer employees who have developed proprietary technology for the company. If an employee developed such technology that is the basis for a company’s competitive edge, then an L1B petition would be worth a shot.

What is an L1 visa?

L1-A visas are for employees who are either the company executives or managers who need to be transferred to the US office or offices for company reasons. But to qualify for an L1-A visa, the employee should have:

What are the advantages of L1-A visa?

You should consider learning more about what is L1 visa and how it can benefit your company. Another advantage of the L1-A visa is that it can be extended . The L1-A visa can have multiple periods of duration as follows:

How much does it cost to get a L1 visa?

The costs of petitioning for L1 visa include a filing fee of $325 as well as an anti-fraud fee of $500. For those organizations that employ fifty or more employees in the US, whose 50% is in the US on L non-immigrant status, then they need to submit an additional fee of $4500 for L1-A and L1-B petitions.

How long does it take to get a L1 petition?

If the petition is applied under L1 Blanket petition then the time period shortens to a few weeks.

How many L-1 visas are approved each year?

On the other hand, there are no limits to how many L-1 visas are approved each year. This means that your petition will not be rejected due to the fact that there are no more available visas.

How long does it take to get an extension for an L-1 visa?

However, unfortunately, L-1 holders are only granted one extension after their initial three years. After that, they must either transfer their status or apply for a new L-1 visa.

How many employees can you have on an L-1?

revenue of at least $25 million or have a minimum of 1,000 employees working in the U.S. An L-1 blanket petition allows employers to file a single petition for multiple employees, ...

How long can you work on an L-1A?

Even though the L-1A allows for holders to work for up to seven years, this limit cannot be exceeded for any reason. For other visas, such as the H-1B or J-1, an extension can be acquired past the usual maximum. There are even some visas like the O-1 and E-2 that allow for unlimited extensions.

What is the most difficult part of obtaining an H-1B visa?

One of the most difficult aspects of acquiring an H-1B, J-1, or TN visa is finding an entity that is willing to sponsor you for the visa. If you are a qualified L-1 applicant, then you are already employed with a U.S. company that will sponsor you.

Is L-1 visa easy to obtain?

Even though the L-1 can be relatively easy to obtain, those same advantages can be considered disadvantages if you are not already employed.

Can an L-1 be sent to a new office?

New Offices. Another equally important L-1 benefit is the fact that, if a multinational employer does not currently have an office or branch in the U.S., an L-1 holder can be sent in order to establish a new one. While there are. While there are different limitations attached to this process, it is extremely advantageous to be able ...

What is an EB1 visa?

EB1 visa: The EB-1 visa preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. EB-1 criteria.

How many H1B visas are there?

H1-B visa quota caps are quickly used up within days of release on April 1st of each year. For 2018 Congress mandated a regular cap of 65,000 H1 B visas and a further H1B Master's Exemption cap of 20,000 visas available for Master's degree or higher applicants.

What is USCIS visa?

US Citizenship and Immigration Services (USCIS) offer a wide array of visa options, shifting requirements, eligibility and quotas for those wishing to immigrate to, work in, invest in or otherwise live in the United States. Visa options usually fall under two categories:

What is E-2 nonimmigrant?

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the US maintains a treaty of commerce and navigation) to be admitted to the US when investing a substantial amount of capital in a US business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

Can an unmarried child get an F-2 visa?

You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the US government to accept international students. A students spouse and unmarried children under 21 years of age may seek admission in the F-2 visa classifica tion.

Can an EB-5 visa be used for permanent residence?

Under this program, EB-5 visa entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:

Does a nonimmigrant visa expire?

Nonimmigrant visas for temporary stays in the US where the visa typically has an expiration date.

Who can file an L1 visa?

L1 visa petition can be filed only by the parent, subsidiary, affiliate, or branch of the foreign company where the alien has worked for at least 1 year in the preceding 3 years in the capacity of manager, executive, or special knowledge work. All employers don’t have such a choice, as not all companies have a foreign presence or are multinational.

What is a temporary visa?

Therefore, there are various temporary work visas, such as H1B and L1 (L1A and L1B), that allow the employers to hire foreign workers. While there are many some similarities between H1B and L1 visa categories, there are many differences between them.

Does a temporary worker have to show ties to the home country to get a green card?

Both allow dual intent. That is, the temporary worker does not have to show the ties to the home country, filing for a green card will not jeopardize the visa status, and that itself will not cause any problems in getting future status extensions or visa stampings.

Can a L1 visa holder be paid?

Must be paid at least the prevailing wages. Can be on the payroll of U.S. company or foreign company and be paid only the allowance in the U.S.

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Overview

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Foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office must show: 1. They have a physical location for the new office; 2. The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and …
See more on uscis.gov

Types of L-1 Visas

Application process

Costs

An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months (for Iran nationals) to five years (India, Japan, Germany), based on a reciprocity schedule. With extensions, the maximum stay is seven years.
L-1 visas are available to employees of an international company with offices in both the United …

Renewals

The L-1 visa has two subcategories:
• L-1A for executives and managers, valid up to 7 years.
• L-1B for workers with specialized knowledge, valid up to 5 years
After the expiration of the 7 or 5 years respectively, the foreign national can generally only qualif…

Change of Status from L-1B to L-1A

Application to an L-1 visa begins with the filing of a petition with the U.S. Citizenship & Immigration Services (USCIS) on Form I-129 along with supporting documentation showing that both the U.S. company and the foreign parent, subsidiary, affiliate or branch meet the qualifying factors set forth in the law and regulations.
Notice of approval of the Form I-129 is given by the USCIS on a Notice of Action, Form I-797, an…

Limits on employment authorization

The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners who employ 50 or more employees in the United States with more than 50 percent of their employees in the United States in H-1B or L (including L-1A and L-1B) nonimmigrant status. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1…

Criticism

L-1 status may be renewed and extended within the United States. Except in the case of blanket petitions, a new I-129 petition must be filed. Renewal in the United States applies to status only, not the actual visa in the passport. For visa renewal, the applicant must go to a U.S. consulate or embassy outside the United States. An alien cannot leave the United States and then reenter without a valid L-1 visa, and must appear personally before a consular officer for visa issuance.

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