The L-1 Visa: Transfer of Employees to the United States

Website design By BotEap.comThe L-1 visa represents an excellent opportunity for companies to bring or send high-level employees to the US from a foreign branch or subsidiary. This article describes the specifications and comparative advantages of the visa.

Website design By BotEap.com1. Ratings. To qualify, a foreign employee must be managerially, professionally, or technically qualified. Within the past three years, the employee must also have one or more years of experience with the company or its affiliates. Affiliates include company branches, parent organizations and subsidiaries.

Website design By BotEap.comIn particular, the company’s investment in the United States must be at least $50,000. This relatively low investment threshold allows companies to use this visa to send start-up employees to the US Owners, CEOs and executives should consider this opportunity to extend their business to the US.

Website design By BotEap.comThere are no requirements regarding the type of services or products the qualified employee must help provide. Similarly, a company and its foreign counterpart do not need to conduct the same type of business activities. And it doesn’t matter if the company or its counterpart employs ten or 10,000 people. The L-1 visa is widely applied in the world of international business.

Website design By BotEap.comtwo. Length of stay in the US. The L-1 visa technically falls into the multi-year “nonimmigrant” temporary visa category, although visa recipients are generally allowed to remain in the United States as long as they wish. Prospective visa holders often apply with “dual intent.” Dual intent means that the employee can apply for this temporary visa with the intention of immigrating to the US indefinitely.

Website design By BotEap.comInitially, the L-1 visa is valid for only one year. The visa holder can then apply for two-year extensions. Managerial-level employees may extend their stay within the same classification for up to seven years total; professional and technical employees for five years. These extensions often allow an employee to stay in the United States long enough to obtain a green card.

Website design By BotEap.com3. Bring family to the US. L-1 visa holders also have the option of bringing their spouses and minor children (under the age of 21) to the United States. Spouses can then apply for work permits in the US and children have free access to US public schools.

Website design By BotEap.comFour. Advantages over comparable visas. The L-1 visa has distinct advantages over many similar visa categories, such as the B-1, H1-B, and EB-5 visas. B-1 visa holders often have difficulty staying in the United States long enough to complete their work. The H1-B visa increases the time and expense associated with employees ultimately applying for green cards. And the EB-5 visa is prohibitively expensive for all but the wealthiest entrepreneurs.

Website design By BotEap.comThe L-1 visa generally represents the best option for moving high-level employees to the US.