L-1A-B Non Immigrant Visa Program

Overvies

• The L-1 visa is a temporary, non-immigrant visa to allow Qualified overseas companies to relocate foreign qualifield employees to its U.S. parent, branch, affiliate, or Subsidiary of that company
• The visa can be used for executives, management or Professional employees with specialist knowledge

Benefits

• L-1 visa holders do not have to maintain a foreign residency during their U.S. stay
• L-1 visa holders are eligible to seek permanent residency status
• Family members of the L-1 visa holder may be granted authorisation to work in the U.S.

Employer Requirements

• The US company must have a qualifying relationship with a foreign entity (parent, branch, subsidiary or affiliate)
• The foreign entity must be established and conducting business for the duration of the applicants stay in the U.S.
• The foreign entity can be a corporation, non-profit, religious or charitable organization
• If a new U.S company is established it must have physical Premises
• There is an option to apply for premium processing too reduce the processing time by several months

Employee Requirement

• The employee must have worked at least one year in the foreign qualifying entity outside the U.S. during the three-year period prior to application
• Applicants for an L-1A visa must be seeking to enter the U.S. to provide a service in an executive or managerial capacity in accordance with federal law
• Applicants for an L-1B visa must be seeking to enter the U.S to provide a service in a specialized knowledge capacity, which must be beyond the ordinary and not commonplace within the industry
• The employee must be qualified to hold their position by virture of their prior education and experience
• The employee may not be principally controlled or supervised by an unaffiliated employer
• The L-1 visa holder must intend to depart from the U.S. upon completion of the authorized stay

Process

• The application process takes between 6 to 12 months
• Generally, applications should be submitted to a US consulate in the territory where the applicant is based
• Employer and employee must complete applications
• Dual intent is alllowed, and application will not be refused on the basis that the applicant intents to immigrate to the U.S.
• The application requires a petition and documentation evidencing the relationship of the companies
• There is an option to apply for premium processing to reduce the processing time by several months