L 1 Visa – Your Gateway to Settle in America

Famous American writer and historian, James Truslow Adams aptly defined ‘American Dream’ in his book The Epic of America when he said, “life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement” unmindful of social class or circumstances of birth. Every year millions of migrants from across the world come to The United States of America to chase their ‘American Dream’. There are various options that how you can live your American dreams, one such option availed by many is L-1 US Visa. L -1 visa generally issued to those individuals who are already employed by the company overseas. It is meant for Intra Company Transferee employees who are either Executives or Manager or those with specialized knowledge. This visa allows a multinational company to expand its operations by transferring qualified staff to newly establish or existing United States subsidiary, affiliate parent or branch office.

Categories of L1 Visas

These are of two types L-1A and L-1B. L-1A visa is meant for managers and executives and it is obtained for maximum of 7 years. In order to qualify for the status of L-1A visa the individual must have worked overseas for minimum one year for the subsidiary, parent, branch or affiliate of the company in US. L-1B visa is meant for workers with specialized knowledge and it is obtained for maximum of 5 years. Once it expires an applicant can apply again only after working abroad for the U.S Company’s subsidiary, branch, affiliate or parent for a minimum of 1 year.

L1A Visa Requirement for an employee:

• The employee must have worked for an overseas company for a consecutive period of at least one year in the last three years.
• The overseas employment must have worked in an executive or a managerial position in order to qualify for his L-1A visa eligibility.
• The employee must be going to The US Visa Dubai for providing his or her services in a managerial or executive position in order to qualify.

L1B Visa Requirement for an employee:

• The employee must have worked for an overseas company for a consecutive period of at least one year in the last three years.
• The overseas employment must be using his specialized skills in order to qualify for his L-1B visa eligibility.
• The Visa holder must have an intention of departing from the country once the work is complete.

Last but not the least it may be interesting to note that the L-1 US Visa is a non immigrant visa category with dual intent and it will not directly lead to a green card. If one needs to apply for a green card it can be applied either through an adjustment of status or another option can be to apply through an immigrant visa abroad. Step by step Process:

• Business Model Preparation
• Business Registration & Setup (applicable if there is no existing business in US as per required criteria)
• Application Preparation
• File Form I-129 and L supplement at USCIS
• Change Status to apply for L1 visa at consulate office
• Start working & managing US business.

Benefits of L1

• Ability to live and work in USA : With an L1 visa, you are authorized to live in the United States and to work for your L1 employer.

• Extended Period of stay

• Dual Intent 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.

• No Set wage requirements: The L1 visa does not require that the US company pay you a certain wage.

• Immigration Benefits for your family.

• L1 Visa is Eligible for Premium Processing: Premium processing is a service provided by USCIS where they expedite the processing of your L1 petition for an additional fee of ,225.

• No Annual Limit to Number of L1 Visas Issued: There is no annual limit to the number of L1 visas that can be issued. This is contrary to other visas, such as the H-1B visa, which has an annual quota.

L-1 Visa to Green Card: The L-1 Visa is a non-immigrant visa category with dual intent and does not directly lead to a green card. L – 1 visa to a green card can be applied either through an adjustment of status or apply through an immigrant visa abroad. Path to Green Card:

• EB1C Green card
• Work sponsorship through PERM Labour certification
• EB5 Investment based immigrant visa and green card
• Marriage (Spouse Sponsorship)

Spouses and Children: Spouses and children (Under age 21/Unmarried status) of L-1A visa holders can be granted L-2 dependent status. L -2 Visa provides work authorization upon filing and approval.

Process to apply L1 Visa for New office/ or when the US company not in place

1. Detailed Business Plan
2. Incorporate the company
3. Obtain a taxpayer ID
4. Number secure a bank account.
5. Get a transfer offer.
6. Filing Form I-129.
7. The employer must pay the fees.
8. File Form DS-160.
9. Pay the L1 visa application fee.
10. Schedule your L1 visa interview.
11. Submit your L1 visa documents.
12. Attend your interview.

The visa is usually granted initially for 3 years and extensions are granted in 2years increments up to the 5 years maximum. If you are interested in the L1 Visa then please feel free to contact us at +971 4 4542366 or email us at info[at]flyingcolour[dot]com. Please Note: This article was published on 31st March 2021. The information provided in the article is based on the policies and rules applicable at the time of writing it. Talk to one of our consultants for any recent updates or changes.