Intra-Company Transfers L-1 Visa
Description
There are two kinds of L visas:
- L-1A-for employees in an executive or managerial position, and
- L-1B-for employees in a specialized knowledge capacity
The L-1 visa is a non-immigrant work visa for employees in a specialized
knowledge capacity or an executive or managerial position who are being
transferred from a foreign company to a U.S. subsidiary, branch, affiliate
or parent of the original foreign company. There are no limits to the
number of L-1 visas that the US Immigration Service can issue per year
and the petitioning company does not have to obtain a prevailing wage
approval or file any documents with the Department of Labor. L-1 visa
aliens may possess dual intent, allowing them to apply for a permanent
residency concurrently with the L application. L-1A aliens do not need
to go through the labor certification process when applying for permanent
residency, however, L-1B aliens do.
There is currently a premium
processing option, which for an additional $1,000 in filing fees,
the US Immigration Service will commit to process the application within
15 calendar days from receipt of the application. Processing the application
does not mean that there will necessarily be a final decision after 15
days, but that there will be a response after this time. This response
may be a visa approval, a denial or it may also include a request for
additional documentation from the petitioner or the employer. Click here for more information on premium processing.
Who Is Eligible
Employees who are being transferred from a foreign subsidiary, branch,
affiliate or parent of a U.S. company:
- who are in a specialized knowledge capacity or an executive or managerial
position and
- have been employed for at least one continuous year during the past
three years, with the foreign subsidiary, branch, affiliate or parent
of the U.S. company applying for them.
Visa Duration
L-1 visas may be granted for an initial period of up to 3 years and
may be renewed for a maximum of 7 years for an L-1A and a maximum of 5
years for an L-1B. Any time spent under an H-1 visa status will count
towards this maximum.
However, for L-1A's, if after the 7 year period, the employee resides
at least one complete year abroad, the clock starts counting again and
the alien may be granted another 7 years in L-1A status. There is no time
limit for aliens who reside intermittently in the U.S., or an aggregate
of six months or less per year.
Renewability
This visa may be extended from the initial 3 year period in terms of
2 year periods up to the 7 year maximum for L-1A, or 5 year maximum for
L-1B.
Family Benefits
Spouses and unmarried children
under 21 are allowed as dependents under an L-2 visa. L-1 dependents are
allowed to legally live and study in the U.S. without any additional permits,
and the spouse of the L-1 visa holder may obtain work authorization.
What Documentation Do I Need?
Petitioner Company's Information:
- Articles of organization for foreign and U.S. company affiliates
- Company brochures with description and addresses
- Number of employees of parent company and affiliate
- Financial Statements of both U.S. and foreign affiliates
- Documentation showing evidence of connection between the affiliates
- Letter of Support
from Employer
- Alien's title, and detailed job description with any special skills relevant tothe position
- Salary and benefits offered
- Name and title of person who will be signing petition
Alien employee information:
- Copy of Beneficiary's Passport
- Copy of Alien's U.S. visa and I-94 (if alien already in the U.S.)
- Alien's resume or work history
- Alien's Diplomas and transcripts
- Alien's pay stubs or tax forms showing at least one year within the
past three years of prior engagement with foreign affiliate
What is The Process Like?
Stage One:
Obtain documentation as evidence in support of petition.
For small companies, we can also help organize a company affiliate in
the United States if necessary, including the following steps:
- Application with the Secretary of State
- Application with IRS for Tax ID No.
Stage Two:
Prepare and file Petition with the US Immigration Service along with
the US Immigration Service filing fees for form I-129
Stage Three:
Obtain Petition Approval from the US Immigration Service - Processing
time for the US Immigration Service is approximately 30-90 days or receipt
of notice requesting additional documentation or evidence to support application.
In the latter case, we will work with the client to provide the additional
information to the US Immigration Service and we will prepare a response
with the appropriate analysis and legal argument. This last scenario
would increase the amount of time required to complete the process and
may also increase the legal fees due, depending on the amount of additional
work required.
(Note: Congress has directed the US Immigration Service to establish
a process for reviewing and acting upon petitions on behalf of L non-immigrants
within 30 days after the date a completed petition has been filed, however
the US Immigration Service is seldom able to comply with this requirement.)
What are The BCIS Filing Fees?
Fees for form I-129, plus $1,000 if we will be requesting premium processing. Click below links to verify the US Immigration Service fees as these change regularly:
http://www.uscis.gov/forms
http://www.uscis.gov/files/nativedocuments/G-1055.pdf
What are The Legal Fees?
Click here to learn more about our fee
structure.
Click here if you would like to come
in for a free initial consultation.
Where Can I Get More Information?
Information from the Department of State and the
US Immigration Service on visas for temporary workers:
http://travel.state.gov/visa/temp/types/types_1272.html
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
Departament of State Visa Services:
http://travel.state.gov/visa/visa_1750.html
Premium or fast processing for L visas:
http://uscis.gov/graphics/services/residency/investment.htm
|
