L-1 visa is a temporary non-immigrant visa which allows companies to relocate foreign qualified employees to the U.S. A U.S. employer can transfer an executive or manager from one of its affiliated foreign office to one in the U.S. by sponsoring L-1A visa. If there is no affiliate in the U.S., then the foreign company can send its executives under this visa category to open one in the U.S. The employer must show that it has sufficient physical premises for new office and the U.S. office should be able to support the executive or manager for one year within the approval of the petition. Only one year visa is granted under this category and then extensions maybe applied for.
Professional employee with specialized knowledge can be transferred to the U.S. by the U.S. employer under L-1B visa. Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
The employer must have a relationship with the foreign company by either being a parent, branch, subsidiary or affiliate and the employer must be doing business in the U.S. and in at least one other country while the employee is on L visa. The employee for whom the petition is made must have been working abroad for a one continuous year within three years immediately before entering the U.S. and after admission such employee will work for the same employer or qualifying organizations. Employees will be granted maximum initial stay of three years. Extension of stay maybe granted for two years with maximum seven years in total.
Under L-1 visa, full time employment is not required but must dedicate a significant portion of time on regular and systematic basis.
Employee maybe accompanied by spouse and unmarried children under the age of 21 years on L-2 visa. Spouses may apply for work authorization.
L-1 Blanket Visa
USCIS has provided a special set of procedures to be used by companies that are frequent users of L-1 visas category. Under L-1 Blanket petition program, the U.S. company has to establish the relationship only once and only one approval is necessary to transfer a certain specified number of employees.
We, at the Law Offices of Aditya Surti, LLC can help you in applying for change of status/ extension/adjustment of status to a different visa. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at firstname.lastname@example.org.