The L-1 “Transfer" Visa

The “L-1” is a popular business immigration visa with small or large companies. If you own or are employed with a foreign company and want to expand into the United States or already have U.S. operations, then the L-1 could be your ticket to getting “transfer” visas for these foreign employees so they can work at the U.S. location. Mr. Barone discusses the L-1 below and provides some straight forward answers to frequently asked questions about this business immigration visa.

 

 Email Mr. Barone with questions at abarone@srwlawyers.com

 

What is the L-1 visa?

If you own a foreign company and want to transfer yourself to a “related” U.S. branch office, then the L-1 may be your answer.

More specifically, an L-1 is an intra-company transfer of an individual who owns or is employed for at least one continuous year out of the last three by an international firm or corporation, who seeks to enter the United States in order to continue to work for either the same employer, or a subsidiary, affiliate or at a U.S. branch office. The successful candidate may be a manager, an executive, or an employee who has specialized knowledge.

The L-1 has two (2) sub-categories: The L-1A is for transferring managers or executives and the L-1B is for employees with specialized knowledge.

 

How long is the L-1 valid?

The L-1A can be valid for up to a maximum of seven (7) years and the L-1B can be valid for up to five (5) years. Normally, the initial L-1 is valid for three years and can be renewed thereafter. However, if the U.S. Company has been doing business for less than one year, then it is considered a “new office” and can only be approved initially for one year – but is renewable.

 

 Can I live and work in the U.S. with L-1?

Yes. You can live and work full time in the U.S. or commute back and forth between the foreign and U.S. companies as your position necessitates.

 

 What about my family?

Spouses of an L-1 get the derivative “L-2” visa. So do all children under 21. They all, of course, can accompany the employee to live in the U.S., attend school, etc.

 

 Can my spouse and children work while in the U.S. with L-2 visas?

Yes and no. The L-2 spouse can work in the U.S. upon making a separate application to USCIS to do so but the children cannot work on their L-2 visas.

 

 Briefly, what is the process to get an L-1 visa?

Step One is to “petition” USCIS along with evidence of qualification. If you’re Canadian, then you have the option of applying right at a port of entry i.e., land border or airport port. If USCIS approves the petition, then Step Two involves applying for the visa. Canadians can skip Step Two.

 

 What are the usual “processing” times to get the L-1 visa?

Once the paperwork is completed, Canadians can apply at a port of entry for the L-1 and receive a decision immediately. If not Canadian, then papers are sent to a Service Center of USCIS and are subject to the processing delays at that particular Center. The only way to get USCIS to processes the petition in an expedited manner would be to file the petition requesting that it be processed expeditiously. To honor your request, USCIS has implemented a “Premium Processing” program that guarantees processing within 15 calendar days of filing and charges an additional fee of $1,000 to do so. After USCIS approves the L-1 petition, the employee must apply for and appear at a U.S. Consulate for a visa (except for Canadian citizens who do not a “visa” for the L-1). The wait time for a visa appointment/interview at a U.S. Consulate varies among the consulates but can take anywhere from a few days to much longer.

 

Can I start up a new company in the U.S. and get the L-1? 

Yes. This would be a “new office” and as long as it is properly related to your foreign company, you can be approved for the L-1. If the new office in the U.S. has been doing business for less than one year, then the Step One petition, if approved, will be for only one (1) year but can be renewed.

 

What are the hard costs for the L-1?

The fixed or hard costs would be a government filing fee for the petition in Step One ($320 currently). Additionally, USCIS charges a one-time Fraud Prevention and Detection Fee of $500 for L-1 cases.

 

Must the foreign company continue to do business while I’m in the U.S. working?

Yes. To get and keep the L-1, it is required that both theU.S. and the foreign company continue to be active in their business operations. And so, it would be necessary that you have someone working the foreign company while you’re in the U.S. starting up and/or working here.

 

Is the L-1 the same as a green card?

 No. The L-1 is a temporary or non-immigrant visa that allows you to work and live in the U.S. as long as you have it. You do not need to maintain a foreign residence.

 

Can I get a green card or permanent residence in the U.S. if I have an L-1?

 Managers and executives who are L-1A’s, can often apply for the green card on a fast track basis and can skip one of the time consuming labor recruitment steps towards getting the green card. The specialist or L-1B cannot skip this one step.

 

Summarizing the basics requirements for the L-1.

The key requirements of an L-1 are to ensure that the foreign employee qualifies as either manager, executive or specialist; the foreign employee has at least one year of employment tenure with the foreign company; and that the foreign and U.S. entities or companies have the necessary legal or corporate relationship.

 

Is there more I should know or can read about the L-1?

Of course. If you want more technical legal stuff, then here are helpful links that expand on the following questions briefly mentioned above:

  • How must the foreign and U.S. companies be “related?” 
  • What is a “Blanket L” that I’ve heard about? HINT: It’s for big companies 

 

Can I email Mr. Barone with some questions?

Yes. Emailing is free. Just click here: abarone@srwlawyers.com with your questions.

 

How can I get specific questions about my case answered?

For that, it would be necessary to speak with Mr. Barone and have a consultation – much like a Doctor must do in order to give you an accurate diagnosis.

 

Tell me more about a Consultation

Information is valuable. A consultation is an informational session spent with Mr. Barone getting the details of your case. Confidential specific questions and answers are exchanged. Your qualifications and your long and short range immigration goals will be discussed. He will analyze your facts and tell you what your options are, if any. If you do have options, then he will provide an immigration strategy and a plan and tell you what the legal fees and costs will be. The consultation can be by telephone and is not timed. In fact, the consultation continues beyond one session if you have follow-up questions. The charge is $180.00 and there is no additional charge for follow-up questions. If Mr. Barone is engaged as the attorney, the cost of the consultation will be credited to your total legal fees. If you’re interested, email him for an appointment at abarone@srwlawyers.com.