L-1 Visas

L-1 visas offer organizations, both large and small, an amazing and unique opportunity, and are mutually beneficial to all parties involved. By facilitating the transfer of executives, managers, and employees with specialized knowledge from a foreign entity to a U.S. office, businesses both abroad and in the U.S. are able to expand and grow. L-1 visas enable the smaller foreign companies to open a new branch in the U.S., thereby reaching new and different market groups previously unattainable or, at the very least, difficult to penetrate. Larger organizations also take advantage of the opportunities L-1 visas provide to further business development within the U.S., as well as enhance their international competiveness through the melding of novel (perhaps even foreign) concepts brought in by a fresh set of eyes and ears. L-1 visas also offer the beneficiaries and their employees an expedited and less expensive route than other, employment based immigrant options. If permanent residency is not required for the employee then a green card is unnecessary and may prove to be a waste of time and money. An L-1 visa is a great place to start – the beneficiary can reside and work in the U.S. for an extended period of time, their family is able to join them for the entirety of their stay, and, should it become necessary for the L-1 visa holder to remain in the U.S. permanently, then it is an easy and doable transition. Additionally, unlike most immigrant visas, there are no annual quotas placed on L-1 visas, and, because L-1 visas are considered dual-intent visas (unlike many other non-immigrant visas) the beneficiary’s L-1 status will not be negatively affected should the holder decide to apply for permanent residency.

Both visas enable the transfer of a foreign employee to the U.S. from a foreign office on the condition that they intend to either work in a branch of a qualified entity (parent company, sister organization, branch office, or subsidiary) in the U.S., or open a new U.S. office. The major difference between an L-1A and B visa, is that an L-1A visa is exclusively intended for the transfer of employees in an executive or managerial capacity, while an L-1B visa is specifically for the transfer of an employee with specialized knowledge, critical to the operations of the U.S. entity.

Unlike an E-2 visa, anyone from any country qualifies so long as they are employed at a qualifying foreign entity for at least 1 of the previous 3 years prior to application filing in an executive, managerial or specialized knowledge capacity. Qualified employees must come to the U.S. with the intention of working for a (or establishing a new) qualifying U.S. office in a similar capacity as executive, manager, or employee with specialized knowledge.

Yes, L-1A visa beneficiaries can stay in the U.S. for a maximum of 7 years, while holders of an L-1B visa are allowed to stay for a maximum of 5 years. Beneficiaries must continue to renew their visas every year or two (this varies depending on the conditions of the visa) in order to stay for the maximum allowed period of stay. 

Yes. Once granted, the spouse and minor children (under the age of 21 years) of L-1 visa holders are eligible to apply for an L-2 dependent visa, which is valid for the entire duration of the stay of the L-1 visa holder. Additionally, spouses of L-1 visa aliens may also work in virtually any job in the U.S., so long as they apply correctly through USCIS.

The usual range for the legal and business plan components of the process is between $14,000 - $20,000 depending on the complexity and nature of the business and visa qualifications. This does not include the filing fees required by USCIS.

Yes, should an L-1A holder decided to make their stay in the U.S. a permanent one, they can then apply for an Employment Based Green Card, such as EB-1, EB-2, or EB-3. The best option for L-1A beneficiaries is the EB-1C or Priority Workers: Multinational Executives and Managers visa, which, not only has very similar requirements to the L-1A visa application process, but allows L-1A applicants to skip the PERM Labor Certification program (a time consuming and expensive process used to determine whether or not there are enough qualified U.S. workers available for the job position the alien is seeking) that is required for all other employment based green card applicants before they begin the application process. Unfortunately, there is no direct path towards citizenship for an L-1B visa holder, but, beneficiaries can still make the transition from non-immigrant to immigrant status through any of the employment based green card visa options.

An experienced immigration attorney is a must, as is a qualified business plan provider with experience writing plans that corresponds to USCIS requirements. A single-point-of-contact team to “quarterback” the entire application process is also highly recommended. This “quarterback” will oversee all project components, ensuring a pain-free, cost effective, and efficient experience.

Yes, so long as the conditions continue to be met, the visa can be renewed for a maximum stay of 7 years for L-1A visa holders, and 5 years maximum for L-1B visa holders.

Qualified employees entering the United States with the intention of establishing a new office are allowed to reside in the U.S. for a maximum initial stay of one year on an L-1A visa. If the alien wants or needs to stay longer, then he or she may request extensions in increments of up to two additional years, and can continue to do so in order to remain in the U.S. for a total of seven consecutive years. All other qualified L-1A employees are granted an initial stay of up to three years, and also have the ability to request up to two year extensions, until he or she has reached a total of seven consecutive years residing in the U.S.
Qualified foreign employees intent on establishing a new office will be granted an initial stay of one year on an L-1B visa, with the ability to request extensions for a maximum of two year increments, until he or she has spent a total of five consecutive years residing and working in the U.S. All other qualified L-1B employees will be given a maximum initial stay of up to three years, with the ability to request additional two year extensions, for a maximum stay of five consecutive years.

No, so long as the visa has not expired, the holder can return to the U.S. after traveling abroad.