An L-1 visa allows foreign workers (Managers/Executives/Specialized knowledge skill), to transfer from the foreign Co. and work in the U.S. company temporarily. The capacity must be either:
a) manager/executive (L-1A), or
b) specialized knowledge (L-1B).
The L-1 visas are issued for a maximum of 5(L-1B) or 7(L-1A) years.
The foreign entity needs to be established for at least 24 months.
The beneficiary must have been employed abroad continuously for one year by the parent, branch, affiliate, or subsidiary of the U.S. petitioning company, within three (3) years preceding application for admission under the L visa.
The foreign worker must have been working in a managerial/executive or specialized knowledge capacity in the foreign company.
The U.S. company can either be a start-up Company or an existing Company.
Must be qualifying relationship (control/ownership) between the Foreign Company & U.S. Company.
Parent and subsidiary companies don’t have to be in the same type business.
Both the U.S. and foreign company must be active. The key personnel can come into the U.S. operation (providing always that there is a nexus between the US Corporation and the foreign entity).
L-2 visa classification for Dependents (spouse and children under 21 years) are eligible to work in the U.S. for any employer and thus can apply for Employment Authorization (EAD), allowing unrestricted employment in the U.S.
L visas can be filed with USCIS either via premium processing (I-907) or regular processing. Premium processing means once the package is filed with Immigration, it will be adjudicated within 15 days; regular processing will take at least 90 days to be adjudicated.
You can apply for your lawful Permanent Residence (Green Card application) under the L visa. If in L-1A status you don’t have to file a Labor Cert thus expediting how long it takes you to obtain your green card/LPR status.
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