The Federal Practice Group represent those who wish to apply for various types of visas. If you are interested in applying for an L-1 visa, please find the information below.
L-1 visas are available for employees of an overseas parent, subsidiary, or affiliate of an American business. The foreign national’s employment with the company must include an executive, managerial, or specialized position for at least one of the past three years.
The United States and Citizenship Immigration Service (USCIS) considers a managerial position to indicate a position requiring a university educated professional (e.g., electrical engineer), being a “second tier” manager (e.g., someone who manages a person who manages others), or managing a key function of the business. USCIS considers a number of factors to decide if a given position qualifies. These considerations include whether said employee has independent decision-making, the ability to hire and terminate employees, a lack of supervision, a high salary, or other markers of management.
A job must require the employee to possess specialized knowledge related to the business that is not easily available elsewhere.
L-1 visas for existing American companies can be approved for an initial period of up to three years. An extension of four more years is available through an L-1A and an extension for two more years is available through an L-1B.
USCIS can approve an L-1 visa for up to one year. After that year, as long as the American operation has flourished, a staff has been hired, and the employee is performing executive, managerial, or specialized knowledge activities in accordance with USCIS requirements, an extension of the L-1 visa for up to three years may be made available.
An individual who qualifies for an L-1A with a business that has been operating for more than one year can apply for permanent residence without delay. The process is a bit longer for those who are coming to the United States on an L-1B visa based upon specialized knowledge. This process is known as a labor certification.
If you feel that you meet the requirements listed above or have any questions regarding your qualifications, our legal team is happy to speak with you. Please reach out to the Federal Practice Firm to schedule a consultation with one of our immigration lawyers to discuss your next step.
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