The L- 1 visa is for Intracompany Transferee employees either Executives or Manager or those with specialized knowledge. This visa enables multinational companies to expand their operations by transferring qualified staff to newly established or existing United States subsidiary, affiliate parent or branch office.
This visa can be obtained for maximum of 7 years and after the visa has expired, the individual can qualify for the status of L-1 only after working overseas for minimum one year for the subsidiary, parent, branch or affiliate of the company in US.
This visa can be obtained for maximum of 5 years. Upon its expiry, 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.
The U.S Company petitioning for the visa must have a qualifying relationship with the parent company.
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.
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.
So to apply for the L1 visa, you will need to go through the following steps in case of US establishment already in place.
The visa is usually granted initially for 3 years and extensions are granted in 2years increments up to the 5 years maximum. The family members of L -1 A and L- 1B visa holders, specifically spouses and unmarried children under 21 are automatically granted L- 2 Visas. An L- 2 spouse can apply for a work Permit in US and work. L -2Children are not able to apply for work permits, but they can attend school full time on L – 2 visas.
An L-1 visa holder can transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States. A new petition would have to be filed in such a situation.
However, if you want to work for a completely different company other than the one that sponsored your L-1 visa, you would have to change your status to a different kind of non-immigrant work visa such as H-1B
Similar to the H-1B Visa the L-1 Visa is actually a “dual intent” visa which does in fact allow an L-1 visa holder and their dependents to apply for permanent residency without jeopardizing their status.
L-1A visa holders may be eligible to apply under the EB -1 Category specifically created for managers and executives who meet the L-1 standards and are interested in becoming lawful permanent residents.
This is a much faster process than the traditional employment based green card process. For more information about the EB-1 category and green card processing times please consult with our qualified advisors.
No. There is no requirement that the L-1 Visa holder posses a degree in order to qualify. This is true for both the L-1A and L-1B visa categories.
As long as there is an international qualifying relationship between the companies, then any company can apply for an L-1 visa.
The spouse of the L1 visa holder will be eligible to work. Furthermore, your children will be able to attend private and public school within the US. The children cannot seek paid employment.
As long as you continue to work for one of the companies’ branches or an affiliated company, then you will be allowed to transfer. However, you must notify the USCIS. Alternatively, you can inform your Attorney who will carry out the necessary paperwork.
If you intend to work for a completely different company, then you must apply for a different visa.
Yes, this should not be a problem providing that they did not enter the US on ESTA and that they are eligible for this particular type of visa.
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