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L-1A/ L-1B
The L-1 visa category is intended for Intracompany Transferees, (or persons coming to work in the US for an employer that is related to a company the applicant worked for prior to entering the US) .
There are two subcategories of L-1 visas: (1) L-1A visas for intracompany managers and executives; and (2) L-1B visas for individuals with specialized knowledge or skill. For multinational companies that meet certain criteria, relating to size, revenue, or number of transferees, it is possible to obtain a blanket authorization to transfer managers, executives, and professionals with specialized skill or knowledge.
There are three essential criteria that must be established to qualify an alien for an L-1 transfer.
First, the alien must have been employed for at least one year in a managerial, executive, or specialized knowledge capacity during the three years preceding the transfer.
Second, the alien must be coming to a managerial, executive, or specialized knowledge position in the U.S., although not necessarily the same position as the alien held abroad.
Third, the employer abroad and the employer in the U.S. must be legally related, either because of ownership, affiliation, or a joint venture.
Persons coming to open up a new office in the US will only be granted a one-year stay in the US. The USCIS will also typically require additional information about the plans for the new office such as proof that office space has been obtained, that the applicant has had the appropriate experience with the foreign company and that the foreign company will remain in existence during the full period of the applicant's transfer to the US. If the company wants to have the L-1 visa extended beyond the initial year, it will have to demonstrate at the time of extension that it has proceeded with the plans outlined in the initial petition.
Duration of Visa:
For a business that is just starting up, an L-1 visa is valid for one year. For businesses that have already been doing business in the United States for a year or longer, the visa is valid for up to three years with two-year extensions available for a total of up to five years for an employee with specialized knowledge, and up to seven years for an executive or manager. L-1 extensions have to be filed in the U.S. at the USCIS Regional Service Center where the business is located.
Green Card
The green card (Legal Permanent Residency) for the L-1A Manger/Executive requires a showing of all of the same evidence of the L-1A Manger/Executive visa petition. The main additional requirement is that the U.S operation be in existence for at least a year. The category is very popular because applicants can avoid the labor certification process, are applying in an immigrant Visa category that may not be retrogressed (backlogged) or less backlogged than others, they can have an ownership interest in the company and they can proceed to the green card relatively quickly. L-1B visa holders may also apply for a Green Card through the L-1 employer; however these workers will generally need to go through the Labor Certification process, exceptions may be available depending on specific job duties.
Dependents
The spouse and children (not yet 21 years of age) of the L-1 alien are eligible for L-2 status. L-2 spouses may apply for a work permits.
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