If you are a multinational company and want to transfer a senior executive or specialist knowledge worker to work at your branch office in the United States, then applying for an L1 visa may be the perfect solution!
There are two categories of L-1 visas: L-1A and L-1B. The L-1A visa is for managers or supervisors, and the L-1B visa is for skilled professionals. Today, let's take a closer look at the requirements and application process for the L1 visa.
Employer Requirements:
a.Applicants must be an employer that has been operating in the U.S. for at least one year. If the company has been in operation for less than a year, the first L-1 visa must be for a supervisory position (L-1A) and is limited to one year.
b.The U.S. employer must have a qualifying relationship with the foreign company where the applicant is currently employed.
c.The U.S. employer must be interested in hiring the applicant for a U.S. supervisor or supervisor position.
L-1A Visa Requirements:
a.The L-1A worker must have worked for a foreign company for at least one year in the three years prior to the L-1 visa application as full-time employment. This requirement can be proven with a payroll tax bill.
b.The employee must have previously held a managerial or supervisory position with a foreign company and continue to hold such a position in the United States.
c.If the L-1A employee will establish and manage a new office in the U.S., the employer must provide an investment and business plan that demonstrates the L-1A manager's leadership responsibilities (including hiring subordinates).
d.The L-1A manager shall be primarily engaged in managerial duties. If the immigration department finds that the manager is both planning and carrying out the task, it may reject the application.
e.The employer must demonstrate that there are sufficient employees under the leadership of the L-1A manager. An organizational chart can be used to support this requirement.
L-1B Visa Requirements:
a.The L-1B worker must have worked for the foreign company for at least one year in the three years prior to the L-1 visa application as full-time employment. This requirement can be proven with a payroll tax bill.
b.The employer must demonstrate that there are no suitable U.S. workers in the U.S. labor market for the specialty position that the L-1B worker is holding. It should be clear that the employee has specific knowledge and skills, which are not common in the U.S. labor market.
c.Employers must provide L-1B workers with compensation that is consistent with the wage rate in the industry.
L-1 Visa Application Process:
a.Company Valuation.
b.Sign a contract with an immigration company.
c.Establish a U.S. affiliate (optional).
d.Set up a physical office for the company.
e.Drafting a business plan for the company.
f.Collect and prepare company documents.
g.File I-129**.
h.Receive an I-129 Approval Notice (I-797 Approval Notice).
i.Schedule an interview at the U.S. Embassy (for overseas applications).
j.Obtain a visa.
k.Travel to the United States.
What is the L-1 Visa Business Plan?
If your U.S. company is newly established, a well-prepared business plan can greatly increase your chances of L-1 visa approval. While immigration laws don't explicitly require it, a solid and persuasive business plan can convince the authorities that your company is legitimate and has the potential to make a profit. Our work with professional business planning specialists will ensure a solid and persuasive L-1 visa application.
L-1 Visa Validity: How Long Can You Stay in the U.S.?
L-1A: The maximum stay period for a manager's employee is 7 years.
The initial visa is valid for 1 year.
Each renewal usually gets a two-year extension.
L-1B: The maximum stay period for specialized knowledge workers is 5 years.
The initial visa is valid for 1 year.
Each renewal usually gets a two-year extension.