L-1 Visas - Managers, Executives, & Specialized Knowledge Transferees
SHORSTEIN, LASNETSKI, & GIHON
helps managers, executives & specialized knowledge transferees obtain employment visas.
Many companies have subsidiaries or offices in the United States and in foreign nations. Those companies may require employees to travel to the United States to work at the U.S. office. The L-1 visa is designed with those foreign nationals in mind.
The general requirements of the L-1 visa are:
- a qualifying relationship between the foreign company and the U.S. company
- qualifying employment abroad, either as an executive, a manager or an individual with specialized knowledge
- a managerial, executive, or specialized assignment in the U.S.
What is qualifying employment?
In order to satisfy the qualifying employment requirement, the applicant must have been continuously employed full time by the foreign company in an executive, managerial or specialized knowledge capacity for at least 1 year immediately preceding 3 years before filing.
Types of L-1 Visas:
An L-1A visa is appropriate for a transferee from a foreign national company to a U.S. company who will fulfill a managerial or executive assignment in the U.S.
You can obtain an L-1A for up to 7 years with an initial grant of 3 years and two extensions of 2 years each.
Some employees may not be in an executive or managerial position, but may possess some specialized knowledge that is necessary to the success to the U.S. company. For example, a person may have helped develop software for the foreign national company that was essential to its success. The foreign national company now wants to implement the software at their office in the U.S. The company will need to transfer that person with knowledge of the software to the U.S. office because that person is one of only a very few people who know that particular software.
You can obtain an L-1B visa for up to 5 years with an initial 3 year grant and 1 extension for 2 years.
You can obtain an L-2 visa for spouses and minor children of L-1As or L-1Bs. L-2 spouses can obtain employment authorization.
If you or someone you know is interesting in setting up a consultation to determine eligibility for an L-1A or L-1B, and extension, change of status, adjustment of status or any other L-1A or L-1B issues, please call us.