L-1 Visa Information

L-1 Visa FAQ

Basic Requirements:

In simple terms, the basic criteria are:

The U.S. company must be affiliated to the U.K. company through ownership.
You must have worked in the U.K. company as a manager or executive for at least one year within the past three years and have a similar position in the U.S. company.
The U.S. company must have already been established or purchased.
The U.K. company must continue to operate in your absence.

If the U.S. business is newly established, the L-1 visa will be issued for one year only, at the end of which a application for extension of stay must be made.

When applying for your initial L-1 visa for a new business, you do not need many employees. However, at renewal, one year later, you normally must show a substantially larger operation. Otherwise the renewal may not be granted.

Note: a dependent spouse (on an L-2 visa) can apply for work authorisation upon arrival in the United States.

Now for a more detailed review:

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L-1 Visa is Suitable For:

Foreign national executives being transferred to the U.S. to manage an organization or a major function or division of an organization
Foreign national managers being transferred to the U.S. to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision
Specialized Knowledge employees of companies outside U.S. that have related U.S. branches, subsidiaries, affiliates or joint venture partners
Employees and partners of international accounting firms
Multinational companies to transfer foreign national executives to manage an organization or a major function or division of an organization in the U.S.
Multinational companies to transfer foreign national managers to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision in the U.S.
Multinational companies to transfer employees with specialized knowledge such as, its products, research methods and marketing techniques

Benefits of the L-1 Visa

You may legitimately come to the U.S. as an L-1 intra-company transferee and at the same time, lawfully seek to become a permanent resident
You can freely travel in and out of the U.S. while on a valid L-1 visa
Your dependents can live with you in the U.S.
Your spouse can apply for a work permit by filing Form I-765 and engage in employment

Requirements for the L-1 Visa

Criteria For Determining Employer's Eligibility

To be eligible to sponsor an L-1 visa, the following conditions must be met:

A qualifying relationship must exist between the U.S. company and the foreign company abroad
Both the foreign company and the U.S company must remain open, active and viable for the entire duration of your employment in the U.S. Failure to maintain required levels of operation results in the loss of L-1 status

Criteria For Determining Employee's Eligibility

To apply for an L-1 visa, you must demonstrate that:

You have been employed overseas by the transferring organization for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate
You are a manager, executive or a specialized knowledge professional

Applying for the L-1 Visa

You cannot apply for an L-1 visa as an individual. To sponsor your L-1 visa, your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf.

Filing the L-1 Petition

An L-1 petition is filed on USCIS Form I-129, along with the Form I-129L supplement. Your L-1 petition must include:

Documentation verifying the corporate relationship between the U.S. company and the foreign company (usually a letter from the corporate secretary, and the Articles of Incorporation of both the foreign and the U.S. company)
Documentation verifying capitalization structure of the company (e.g. records of stock or equity ownership)
Detailed job description and requirements for the position - In case of a specialized knowledge position, detailed description of your unique knowledge to be used by the U.S. company
Documentation proving that you have worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or were employed in a position involving specialized knowledge and that you are coming to the U.S. to work in an executive, managerial, or a specialized knowledge position
If you are coming to the U.S. to setup a new office, submit evidence of establishment of new office (e.g. lease for office space, sales contracts, etc.)
Annual report of both foreign and the U.S. company, and/or other reports showing the type of business and financial stability
Organizational chart indicating your position in the U.S. company as well as the foreign company
Copies of applicable business permits/licenses and registrations

Important notes

The information provided herein is for informational purposes only and should not relied upon without obtaining legal advice from an attorney. Information is provided as a public service. Any reliance on information contained herein is taken at your own risk.

Rapid USA Visas, Inc. do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services.

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