The L-1 visa represents an excellent opportunity for companies to bring or send high-level employees to the US from a foreign branch or affiliate. This article describes the specifications and comparative advantages of the visa.
1. Ratings. To qualify, a foreign employee must be managerial, professional, or technically qualified. Within the last three years, the employee must also have one or more years of experience with the company or its affiliates. Affiliates include company branches, parent organizations, and subsidiaries.
In particular, the company’s investment in the United States must be at least $50,000. This relatively low investment threshold allows companies to use this visa to send start-up employees to the US Owners, CEOs and executives should consider this opportunity to expand their business to the US.
There are no requirements regarding the type of services or products the qualified employee must help provide. Similarly, a company and its foreign counterpart do not need to engage in the same type of business activities. And it doesn’t matter if the company or its counterpart employ ten or 10,000 people. The L-1 visa is widely applied in the world of international business.
2. Length of stay in the US. The L-1 visa technically falls into the multi-year “nonimmigrant” temporary visa category, although visa recipients can generally stay in the United States for as long as they wish. Potential visa holders often apply with “dual intent.” Dual intent means that the employee can apply for this temporary visa with the intention of immigrating to the US indefinitely.
Initially, the L-1 visa is valid for one year only. The visa holder can then apply for two-year extensions. Management-level employees can extend their stay within the same classification for up to seven years total; professional and technical employees for five years. These extensions often allow an employee to remain in the United States long enough to obtain a green card.
3. Bringing family to the US. L-1 visa holders also have the option to bring their spouses and minor children (under the age of 21) to the United States. Then the spouses can apply for work permits in the US and the children have free access to US public schools.
Four. Advantages over comparable visas. The L-1 visa has clear advantages over many similar visa categories, such as the B-1, H1-B, and EB-5 visas. B-1 visa holders often have difficulty staying in the United States long enough to complete their work. The H1-B visa increases the time and expense associated with employees ultimately applying for green cards. And the EB-5 visa is prohibitively expensive for all but the wealthiest employers.
The L-1 visa generally represents the best option for bringing high-level employees to the US.
