What is the purpose of the L-1 Visa?
The L-1 visa is utilized by international companies to transfer high-level employees from oversees to provide services in a similar capacity in the United States.
What are some of the requirements for an international company to transfer a high-level employee to the United States.?
The employee must have worked one continuous year within the preceding three years;
The employee must have worked in an executive, managerial, or specialized knowledge capacity during the previous year; and
The employee must be coming to the United States to work for a qualifying related business entity.
How long is an employee authorized to stay and work in the U.S.?
Managers and executives are provided a seven year cap to their stay in the United States. Employees with specialized knowledge may stay in the United States for a maximum of five years.
What is the first step to receive approval from INS to transfer a foreign employee to the United States?
The United States company must petition for the foreign employee by submitting Form I-129 and L Supplement to the INS Service Center having jurisdiction over the location where the employee will be working.
What is the next step in the process once the petition has been approved by INS?
The foreign employee may apply for an L-1 nonimmigrant visa with the U.S. consulate in his or her country by filing Form OF-156.
May foreign employees already in the United States under a different status apply to change their status to the L-1 category?
Yes. The United States company may submit Form I-129 to the Service Center to change the status of their employee to the L-1 category. This petition may be approved if the employee is in legal status at the time when the petition is filed.
Can the L-1 employee bring his or her spouse and children to the United States?
Yes. The spouse and children of the L-1 employee may be admitted to the United States with an L-2 visa.
Can the L-2 dependents engage in employment while in the United States?
No. L-2 dependents cannot engage in employment in the United States unless they are independently qualified.
Can the L-1 employee apply for adjustment of status to permanent resident while in the United States?
Yes. A pending petition for an immigrant visa or application for adjustment of status will not affect the employee's L-1 status in the United States.
Disclaimer: The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.
