Non-Immigrant Work Visa
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What is L-1
is a non-immigrant work visa that enables 1) multinational companies with commercial organizations in both United States and the beneficiary country to send internal personnel to the US branch for short-term employment, or 2) a foreign company which does not yet have an affiliated U.S. office to send an executive or manager with relevant experience to the United States with the purpose of establishing one.
In L-1 visa, the multinational company or the newly established company in the United States is the petitioner and the foreign employee at managerial or executive level is the beneficiary.
The beneficiary must work for at least one year in the overseas organization (non-US company) of the multinational company before submitting the L-1 petition. That is to say, the US company submitting the L-1 visa petitioner must either be 1) the parent company, subsidiary, or affiliate of its offshore company, or 2) the newly established company funded by overseas investors.
In addition to profitable multinational companies, multinational non-profit organizations, multinational religious organizations or multinational charities can also apply for the L-1 visa.
Intracompany Transferee Executive or Manager
L-1A visa is applicable to two scenarios: 1) multinational companies send employees of executive or managerial capacity to its parent company, branch, subsidiary or affiliate in the US; 2) Employees of managerial or executive capacity establish a new company or franchise in the US.
The beneficiary should have been working for the organization abroad for at least one continuous year within the 3 years at a managerial or executive level before entering the US prior to submitting the petition, or sent by the offshore company to the US to establish an office. In addition, this classification also enables a foreign company which does not yet have an affiliated US office to send an executive or manager as an entrepreneur, investor, partner or shareholder to the US with the purpose of establishing one. All qualified employees whose US company has been running for over 1 year will be allowed a maximum initial stay of three years. Qualified employees entering the US to establish a new office will be allowed a maximum initial stay of one year. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.
Intracompany Transferee Specialized Knowledge
The L-1B visa is designed for multinational companies to send professionals with specialized knowledge to the US. For example, if an employee within the company is very familiar with company's products and has the product's proprietary knowledge, its employer can apply for L-1B visa for such an employee to send him/her to the US to provide training about the product to new employees in the US. Similar to L-1A, this classification also enables a foreign company which does not yet have an affiliated US office to send a professional with specialized knowledge to the US with the purpose of establishing one. Usually, qualified employees who is sent to establish a new office will be allowed an initial stay of one year where us qualified employees of established office in the US will be allowed a maximum initial stay of three years. Requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.
L-1A Visa Requirements General Qualifications of the Employer
To qualify, the named employee must also
1. US Organization
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
2. Foreign Company
Have reached a certain level of development; and
Currently be and will continue doing business
3. New Offices in the US
The foreign company has enough capital to support the new office’s first-year operation and expenditure;
The employer has secured sufficient physical premises to house the new office;
The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
In an executive or managerial capacity for the foreign organization, the so-called having a ‘Qualifying Position’.
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations:
According to the Federal Laws, Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
Employee’s educational background and working experience are qualified for the positions.
Before the expiration of the visa, the beneficiary must leave the US accordingly.
Why L-1A Visa
Highly Controllable Petition and Procedure
L-1A is non-immigrant visa that accepts premium processing, which returns application result immediately without long wait. Application can be approved as soon as 15 days.
Beneficiary of L-1A can manage or run the company.
Low Petition Threshold
Family Members Can Travel Along
No language requirement; No restriction on industry, age nor education background; No strict requirement of investment amount.
The spouse and unmarried children under 21 years old of L-1A beneficiary can be granted L-2 visa at the same time. The spouse can file for work authorization after entering the US and work legally once the application is approved. Children of L-1A beneficiary can benefit from public school system starting from primary school.
Multiple Projects and One-Stop Service
My Visa Services offers a wide range of business projects designed for L-1A visa to meet the needs of you and your family, and help your family start your life in the US.
1. Start Your Own Business
For clients who already own a business or want to start a business in the US by opening up a branch to expand their business territory, My Visa Services' professional attorney and supporting team will provide you with visa application services and comprehensive local support. You will enjoy a full set of our “Corporate Butler” services, where we assist you by setting up your company and taking care of early-stage management and operation.
My Visa Services provides a wide range of franchising recommendations and relevant service for clients who are still looking for a promising business initiative. We are in sound relationships with many well-known chain companies, such as well-known American chain seafood fast-food restaurants and Sino-Japanese joint venture retail stores. Clients can acquire an L-1A visa simply by joining the franchise. Moreover, in the first 2-3 years of their stay in the US as L-1A holders, we will help you and your family obtain permanent residency status through the EB-1C petition. We will also provide worry-free share repurchase option for you to choose.
L-1A Successful Cases
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