L1 Visa Guide: Everything You Need to Know About the L1 Visa
Overview
The L1 visa is a non-immigrant option for working in the USA, allowing foreign companies to transfer employees to a related US entity. It’s divided into L1A for managers and executives and L1B for specialized knowledge workers. The US company files the petition on behalf of the employee, and this visa permits living and working in the US for extended periods and offers immigration benefits for family members.
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Benefits of L1 Visa
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1. Live and Work in the USA: L1 visa holders can live and work in the United States.
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2. Extended Stay: L1A visa is valid for 3 years and extendable up to 7 years; L1B visa is valid for 3 years and extendable up to 5 years.
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3. Dual Intent Visa: Unlike some visas, L1 allows for dual intent, meaning the holder can have the intent to possibly immigrate to the US.
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4. No Set Wage Requirements: L1 doesn’t require specific wage levels, but compliance with minimum wage laws is necessary.
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5. Family Benefits: Spouses and unmarried children under 21 can accompany L1 visa holders, with spouses eligible for employment and children for education.
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6. Premium Processing: L1 visa is eligible for premium processing, expediting the petition for an additional fee.
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7. No Annual Limit: There is no annual quota for L1 visas, unlike some other visa categories.
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1. Qualifying Relationship: A qualifying relationship must exist between the foreign and US companies (parent/subsidiary, branch office, or affiliate).
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2. Employee’s Background: The employee must have been employed full-time by the foreign company for at least 1 year in the last 3 years, in a managerial, executive, or specialized knowledge role.
Common Issues for Managers, Executives, and Specialized Knowledge Workers:
- Evidence is crucial for managers and executives to prove they won’t primarily handle daily operations.
- Specialized knowledge workers must demonstrate their knowledge isn’t common in the industry.
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Documents Needed for L1 Visa Application:
- Passport copies for applicant and family.
- Resume/CV.
- Detailed job descriptions.
- Information about the US and foreign companies.
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Special Rules for L1 New Office Petitions:
- 1. New office must demonstrate business activities.
- 2. L1A managers must show a qualifying relationship, adequate premises, and previous managerial/executive experience.
- 3. L1B specialized knowledge workers must prove financial ability, premises, and previous specialized knowledge.
Application Process:
- 1. Hire an immigration lawyer.
- 2. Gather necessary documents.
- 3. File Form I-129 and L Supplement.
- 4. Apply for the L1 visa at the consulate or directly at a US port of entry for Canadian citizens.
L1 Visa Extensions:
- 1. L1A: Initially valid for 3 years, extendable to 7 years.
- 2. L1B: Initially valid for 3 years, extendable to 5 years.
- 3. New office L1 extensions have specific requirements.
L1 Blanket Visa:
- 1. For employers frequently using L1 visas.
- 2. Allows L1 employees to apply directly at the consulate.
Transitioning from L1 Visa to Green Card:
- Options include EB1C, work sponsorship, EB5, or marriage to a US citizen or permanent resident.
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