Overview

Your company wishes to transfer to the United States a manager or executive or ‘specialized knowledge’ worker that is currently working abroad for a parent, branch, affiliate or subsidiary and the foreign worker requires a work visa.

Does the Foreign worker Qualify for an L-1?

In order to qualify for an L-1A visa the foreign worker must have been continuously employed abroad in a managerial or executive capacity for at least 1 year within the past three 3 years preceding the filing of the L-1 petition by the parent, branch, affiliate or subsidiary of the United States company. The foreign worker must be entering the United States temporarily to continue working for the same parent, affiliate or subsidiary.

In order to qualify for an L-1B visa the foreign worker must have been continuously employed abroad in a ‘specialized knowledge’ capacity for at least one 1 year within the past three 3 years preceding the filing of the L-1 petition by the parent, branch, affiliate or subsidiary of the United States company. The foreign worker must be entering the United States temporarily to continue working for the same parent, affiliate or subsidiary.

How Does the Foreign worker Acquire an L-1 Visa?

The U.S. employer files an L-1 petition and a letter in support along with required documentation with the USCIS Service Center (Canadian citizens can file the L-1 petition at a Class ‘A’ land port of entry or United States pre-clearance station at an airport in Canada). Once the L-1 petition is approved by the USCIS, it is forwarded to the United States consulate nearest the foreign worker’s foreign residence. The United States consulate conducts an interview and issues the foreign worker an L-1 visa initially valid for 3 years (1 year if the company has been doing business for less than 1 year in the United States). The United States consulate also issues an L-2 visa to any spouse and minor (under 21 and unmarried) child(ren) of the foreign worker. Upon issuance of the L-1 and L-2 visas, the foreign worker, spouse and any child(ren) may enter the United States. If the foreign worker, spouse and any child(ren) are already in the United States in valid status (L-1, L-2 or other legal status) then the foreign worker may begin employment upon issuance of the USCIS approval and the spouse and child(ren) may remain.

The L-1 visa process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining the L-1 visa as quickly as possible.

Additional Questions?

If you are unfamiliar with what is required, you may wish to take a moment to learn more about the L-1 process, to review the requirements for the L-1 visa, the associated visa fees and the timelines for the L-1 petition process.

Contact us for a free consultation by:

Entering your information in the ‘Free Consultation’ box and clicking ‘Get an Answer

or

Calling 206.269.1200