The L1 Visa is an intra-company transfer US visa program that enables companies to set up a US operation for the transfer of its executives, managers and specialized employees.
The L1 Visa allows foreign companies to expand their operations to the US by transferring managers or executives to newly-established or existing US subsidiaries, affiliate parents, or branch offices.
It is available to small and medium-sized business owner, who have a running business for at least 3 years and want to set up a new business in the United States. It is also available to employees in managerial and executive roles in an international company wherein the company they are working for wants to establish a branch in the US. Managers and executives should be working for the company abroad for one continuous year in the previous 3 years.
It has two subcategories – L1A & L1B. We specialize in L1A visas.
The L-1A category of visas is for the transfer of manager and executive-level employees from the overseas office to the US office of the same company. It is important to be able to document clear managerial responsibilities with significant authority in the company.
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
The L1 USA visa also enables a foreign company (Small or medium sized business) that does not yet have a qualifying U.S. office to send an executive or manager to the United States with the purpose of establishing one. The new US office and the foreign company must have a qualifying relationship (parent-subsidiary, affiliate, branch or joint venture partner) but do not necessarily need to operate in the same market or industry. New-office L-1s are initially granted for up to 1 year and extendible in increments of 2 years.
Applicants for “New Office” L-1 Visas are all granted a one-year visa initially. This allows the authorities to check the progress of the establishment of the new U.S. office. If sufficient progress has been granted, it is possible to renew in increments of two years up to the standard maximum of five or seven years for L-1A and L-1B respectively.
For Executives and Managers, initially valid for up to three years if the US firm has been in operation for at least one year. This can be renewed in two year increments up to a maximum of seven years. After seven years, the L1A visa holder must return back home or transfer to another visa.
Preparing an L-1 application may take 2-3 months on an average depending on the responsiveness of the clients and the availability of required documents. The petition is then filed in USCIS. It could take USCIS between 3 to 6 months to come to a decision. However, with premium processing, USCIS could decide in as fast as 15 business days.
If you are a manager or executive in the United States on an L-1A category visa, you may apply for permanent residency (Green Card) through the EB-1c visa. A key requirement of EB-1c is that the manager or executive must have worked outside the US for at least one of the preceding three years before you entered the United States on an L-1A. The L1 Visa is a “dual intent visa”, which means that you are permitted to search for alternative visas and permanent residency and do not need to prove an intention to return home.
Most visas require an applicant to show proof that they intend to return home after their visa expires. The L1 Visa is a dual intent visa, which does not require applicants to show proof that they intend to return home. This leaves open the possibility of switching to another visa or applying for permanent residency. The EB-1c offers permanent residency (Green Card) in the US, while the L-1A is a temporary non-immigrant visa lasting a maximum of seven years. Note:EB-1c rules mean that applicants must apply within their first two years of being in the US on the L-1A.
The dependents of L-1 visa holders, including their spouse and unmarried children (under 21 years old), are eligible to accompany their relative on an L-2 visa. The L-2 beneficiaries process their visas at the same time as the L-1 applicant. Spouses are eligible to apply for work authorization to work in the United States. They are not restricted to working in the same L1 business as their spouse.
The L1 visa does not require an investment as part of the application. However, there must be an operating US company for the applicant to transfer to. The US company must be set up in advance and there may be investment associated with this. It is important to demonstrate that the US company has sufficient funds to support its operations and elevate the beneficiary to a managerial or executive position.
For US Company Documentation
The following is generally expected from the petitioning US employer: • Description of company business
• Articles of incorporation or association
• Application for Employer Identification Number (Form SS-4)
• Stock certificates
• Lease of business location
• Bank statement or wire transfer evidencing initial investment
• Audited accounting reports (e.g., balance sheets, profit and loss statements, cash flow reports, etc.)
• Corporate income tax return (Form 1120), if any
• Employer’s quarterly tax filings (Form 941), if any
• Documentation of business transactions (e.g., commercial contracts, invoices, bills of lading, letters of credit, etc.)
• Company letterhead with company logo, name, and address (several sheets)
• Company structure and plan for acquiring and maintaining new employees
• Interior and exterior photographs of the main office
The following is generally expected from the overseas business entity:
• Articles of incorporation
• Business license
• Income tax filings for the past three years
• Audited accounting reports (e.g., balance sheets, profit and loss statements, cash flow reports, etc.) • Organizational chart, which should include the total number of employees and indicate the position held by the transferee
• Company brochure or product introduction
• Documentation of business transactions (e.g., commercial contracts, invoices, bills of lading, letters of credit, etc.) • Bank statements or transactional records
• Company letterhead with company logo, name, and address (several sheets)
• Pictures of company’s main office, factories, or buildings (disregard if already included in company brochure or product introduction)
The following is generally expected from the alien beneficiary:
• Resume
• Diploma
• Employment verification letter from the foreign company
• Board resolution or appointment documents verifying the transfer of the alien to the U.S.
• Any other documents showing transferee’s ability to conduct business in the executive, managerial, or specialized knowledge capacity