The L-1 visa is the
only business visa leading directly to permanent residency (the
"Green Card"). The time required from the moment the first request for a L-1 visa is made to receiving the "Green Card" is approximately 2 ½ to 3 ½ years.
The L-visa is used for intracompany transferees. Owners and/or employees of smaller businesses may also apply for this visa. However the transferring company must continue to do business abroad during the entire period of the alien's stay in the United States as an L-1 transferee. L-visa applications are filed with the INS.
There are two categories of L-visa:
L-1A for managers and executives: This visa may be issued for 1-3 years with a maximum period of seven years.
L-1B for specialized knowledge employees: This visa may be issued for 1-3 years with a maximum period of five years.
L-visa criteria:
- The L-1 visa applicant must be employed at the company abroad for at least one of the previous three years before the visa application is filed with the INS.
- The petitioning United States company must be affiliated with the company abroad, as a branch, subsidiary, affiliate or joint venture partner.
- The transferring company must continue to do business abroad.
- The visa applicant must be employed at the company abroad as a managerial, executive, or employee with a specialized knowledge position.
- The employee must be coming to work at the United States company as a manager/executive or specialized knowledge employee.
Benefits
The L-visa allows foreign nationals to legally live and work in the United States.
Travel in and out of the United States is allowed as long as your L-visa and status are valid
Visas are also available for immediate family members (i.e., spouse and children).
Spouses may work in the United States.
The United States Subsidiary:
- Must be a legal person, most frequently an Incorporated company ("Inc.").
- Must belong at least 51% to the Parent Company. This is indicated through the completion of one or more share certificates. No registration of the shares outside of the company is needed.
- Must exist before the Beneficiary submits the visa application.
- Must be registered with the tax authorities (who grant it an Employer Identification Number, "EIN").
- Must have a bank account.
- Must present a lease, rental contract or evidence of ownership of office space.
- Must show that it will be employing at least one full time staff member, besides the Beneficiary, after one year of operations