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USA L1 Visa

US L1 visa has been regarded as an intra-company transfer visa. Moreover, it allows a US company to transfer a key employee from one among its offices in another country into the USA.

Additionally, this L1 visa also allows companies to open a US operation for the transfer of its executives, managers and specialized employees.

USA L1 Visa

There are two sorts of L1 visa:

  • L1-A visa is for managers and executives, who are either transferring to a US office or coming into the US for the needs of fixing a US office.
  • L1-B visa is specifically for specialized employees who therefore have essential specialist skills or knowledge.

In either case, it's the employer known as the petitioning employer that submits the visa application.

L1 Visa

For both the L1-A visa and L1-B visa, the worker must have worked for the corporation for one continuous twelve-month period within the previous 36 months.

This L1-A visa permits, thus a maximum stay of up to 7 years. L1-B grants up to five years. However, if the worker has previously worked within the US under an H1 visa USA, that point could also be deducted from the allowed stay.

L1 Visa Requirements

  • The petitioning company could also be an organization, charity (or other non-profit organization), or a spiritual organization. Therefore, other sorts of qualifying entities can also be permitted under the L1 visa.
  • The petitioning employer in the US must have a qualifying relationship with a far off company. Sorts of the qualifying relationships include parent company, subsidiary, branch, or affiliate.
  • The employer is therefore required to do business as an employer within the US and thus in a minimum of one foreign country. This suggests they're actively and continually delivering goods or services, simply having an office doesn't qualify.
  • The employee must have completed a minimum of 1 year's continuous employment for the corporation outside of the US within the three years immediately before the appliance. Any time spent working within the USA won't count towards the twelve months.
  • The employee must leave the USA at the top of the visa term.

Strategy Notes

The size of the corporation with reference to a variety of employees and revenues are considered. To determine an executive role, a corporation must have three tiers of employees, managers may have two or three tiers of employment.

Business Plans with projections are important evidence and must suit the case of Matter of Ho elements.

Executives who are sole owners of companies can still meet the needs but must establish employee status.

Making an L1 Application

Unless the petitioning company is already established and well-known, it's going to be necessary to supply extensive documentation to prove that the needs are being met.

For the L1-A visa, the applicant is given evidence that the worker occupies an executive or managerial role.

For L1-B, the applicant is given evidence to prove the employee's level of skill, knowledge, or experience. This could be "specialized knowledge", which suggests that their knowledge isn't commonplace either within the industry or within the organization. The knowledge may relate to a good range of topics including technology, services, or company processes.

L1 visa Blanket Petitions

Large companies who are likely to require to manoeuvre significant numbers of employees in the US may prefer to apply for a blanket petition. This doesn't mean that the corporation can then move as many employees as they want, as each would require a separate L1 visa application, but it does mean that the corporate relationships are already established, which may reduce the time, costs, and risk of any subsequent L1 visa applications.

To qualify for an L1 visa Blanket Petition, the corporate must:

  • Have a minimum of three offices, whether within the US or abroad;
  • Have an office that has been doing business within the US for a minimum of one year;
  • Meet a minimum of one among the subsequent criteria:
  • Have filed a minimum of ten successful L1 visa petitions within the preceding twelve months;
  • A minimum of 1000 employees based within the US;
  • Be ready to show company-wide total annual sales of a minimum of US$25 million.

Alternatives to the L1 Visa?

he only directly comparable temporary work visa for people watching L1 visas is perhaps H1-B (speciality occupation), which features a maximum 3-year stay plus one possible 3-year extension (less than the 7 years available for L1-A).

There are several feasible permanent residency options (Green Cards):

The L1 is almost like the EB1-3 visa (Green Card for the multinational executive)

There is a crucial prerequisite that the beneficiary must have worked for a US company for one year in recent years.

Other Green Cards that an L1 applicant might eligible for include:

  • EB2 (advanced degree / exceptional ability),
  • EB3 (skilled worker or professional),
  • EB1-1 (extraordinary ability).

Someone considering the L1-A (executive) visa option can also be eligible for EB5 visa investor positive identification.

Those considering the L1-B route aren't typically eligible for the EB1-3 (Multinational exec.) as they're during a non-executive capacity. However, if they were there in the executive capacity in their country of origin and came into the US therein capacity, they could be eligible for the EB1-3 positive identification.

In order to get more details on L1 visa, you may write to us your queries at info@swisimmigration.com and thus, we'll revisit you within 24 hours to debate your eligibility and options.

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