L-1 Visa Intracompany Transferee Executive, Manager or Specialized Knowledge
The L-1 program is suitable for everyone who has dreamed of working in the United States, but is not yet ready to immigrate. The requirements relate more to the employing company than to the visa applicant. Highly qualified personnel and managers who work in an international corporation have a chance of getting into the States with an L-1 visa if the employer and the immigration office approve their transfer to the American department. Please pay attention: applicants need to prove relevant work experience abroad, moving under the L-1 program is extremely difficult without having one.
Program's details
- 1-3 years standard validity period
- Possible extension maximum stay for up to 7 years
- Nonimmigrant visa does not lead to obtaining a green card and citizenship
- 1-2 months application consideration period
- For the whole family spouse and children under 21
- Life in the USA and free travel abroad
- The right to work for spouses
- Suitable for businessmen managers and highly skilled specialists
The official website of the program
-
About the Program
The L-1 visa is an employee's multi-year nonimmigrant visa. More than 100 thousand foreigners come to the States annually under this program. USCIS, the US Citizenship and Immigration Service, regulates the issuance of visas of this and other types.
The program is designed for two categories of beneficiaries: qualified managers (managers / businessmen) and specialists with valuable knowledge. The first category opens an L-1A visa for one to three years with the right to extend it for up to seven years in total. The second category opens an L-1B visa for one to three years with the right of residence for up to five years.
After a long-term business trip to America, managers and professionals only need to live in another country for a year to get the L-1 visa again. If you need to obtain permanent resident status and stay to work in America, there is option of switching to an EB-1, EB-2 or EB-3 immigration visa for especially valuable specialists.
The conditions of the L-1 program are relatively simple and convenient: the visa holder gets the right to work in the declared company, freely travel outside the United States without losing the status. The applicants may also take his wife / husband and minor children with them. Spouses of L-1 holders can obtain a work permit by completing the I-765 form, and children are eligible to attend an American school or college.
The main requirement is that the applicant must have worked for at least a year in the company's foreign office (not necessarily American) over the past three years. The rest of the criteria relate to confirmation of the effectiveness and international status of a company that transfers an employee to an existing or new office in the United States.
A feature of the L-1 program is that if the company is small or has existed not so long, a lot of supporting documents will be required (tax and accounting reports, other documents proving the effectiveness of the business). And vice versa: a well-known corporation with a good reputation can submit to the migration service a general petition for a group of employees and a minimum set of documents.
On April 22, 2020, Donald Trump signed a proclamation to suspend the entry of foreign workers from countries at risk because of the coronavirus outbreak. The issuance of new visas for categories H-1B, H-2B, J and L has been suspended until December 31, 2020.
Requirements for the employer and the visa applicant
-
The employer
-
- The company should be international (it should have two or more offices in different countries).
- The company actively conducts (or will do) business in the United States during the entire duration of the L-1 beneficiary's stay in the States.
- The US division is required to have an appropriate relationship with the overseas company in which the beneficiary operates (parent company, branch, subsidiary or affiliate).
- The US office (or the entire company) may also be owned by the beneficiary, or only be the place of his work.
- If the trip is related to the opening of a new office, then the company should provide suitable premises in the United States in advance, hiring of three employees (excluding the manager) and the amount of the annual salary of the head (depending on the specifics of the industry, this may be as much as $100,000 or more).
-
The employee
-
- The employee should have worked in a managerial position in the company's divisions abroad for at least a year over the past three years.
- The employee can documentarily confirm that the purpose of his visit is to provide services to the company as a leader or manager (highly skilled specialist).
- The employee is able to confirm his managerial potential in a resume (he already had experience in a leadership position and can make important decisions without total supervision).
Large companies may submit a blanket petition to USCIS for several employees at once, instead of an individual L-1 petition .
Commercial firms applying for a simplified procedure for filing the documents should firstly have an American office for more than a year, and secondly, three or more foreign branches should conduct business in different countries. The third condition is that the company should already have employed at least ten L-1 visa holders, or it must have subsidiaries or affiliates in the United States with annual sales of at least $ 25 million, or the american office should have 1,000+ employees.
-
Residence Permit for Family Members
The main applicant's spouse and unmarried children under the age of 21 may move with the main applicant. They all receive an L-2 visa for the same duration as an L-1 visa applicant.
A servant (nanny, housekeeper, maid, housekeeper, etc.) of an L-1 visa holder can apply for a B-1 business visa and continue to work for the beneficiary in the United States.
-
Documents
- I-129 petition signed by the employer and approved by the migration service (petition for nonimmigrant worker)
- International passport valid for at least six months longer than the time of stay in the United States (plus the old passport if there is a British, American or Schengen visa)
- Photo 5 × 5 cm, not more than six months old
- A copy of the general civil passport (for citizens of the Russian Federation)
- DS-160 Nonimmigrant Visa Application
- Documents confirming the professionalism of the applicant (diplomas, certificates of professional development, language certificates, etc.)
- CV in English
- An official invitation from the employer confirming the applicant's relevance to the American unit, as well as the duration of his stay
- Documents confirming the presence of an American office, business plan
- A copy of the work book
- Birth certificates of children, marriage registration
- Certificate of employment of the spouse
- Receipt of consular fee payment
- Additional documents (at the request of immigration officials)
Additional Expenses
-
State fees
If the applicant is abroad and submits documents through the consulate: the consular fee for filing an online application is $190 and an additional fee for issuing a multiple-entry visa for three years is $143.
If the applicant is already in the United States: $460 is the standard fee for processing an I-129 petition with USCIS; $1,440 expedited review process (15 days).
-
Legal expenses
The services of a lawyer who will accompany the process cost from $3,000. Additionally, you may need help in registering a legal entity and preparing a business plan if an office in the United States is only planned to be launched.
In most cases, all costs for obtaining the visa are covered by the employer.
-
Rights and Obligations
The rights
- To work (do business) in the USA
- The spouse may obtain a work permit in the USA
- To send children to an american school or college
- To travel abroad for any period of time and to maintain the status
- To repeatedly renew the visa while maintaining the basis (the total maximum period of residence in the United States on a visa does not exceed five years for specialists and seven years for managers)
- Under certain conditions, to change a visa for an immigration visa under the EB-1C / EB-2 / EB-3 program
The obligations
- To work for a declared company in the United States
- To ensure the viability and profitability of the US unit
- The whole family should leave the USA after completing the work
