At Build Champions, we are dedicated to providing support for multinational companies and their employees through the L-1 visa process. The L-1 visa is a crucial tool for companies looking to transfer managers, executives, or specialized knowledge workers to their U.S. branches. As a nonprofit organization, we offer comprehensive assistance to help you navigate this complex visa process.
Overview of the L-1 Visa
The L-1 visa is a non-immigrant visa that allows foreign companies to transfer qualified employees to a U.S. company. The U.S. company must be a branch office, parent, subsidiary, or affiliate of the foreign company. Depending on the role of the employee, the visa is classified as either:
- L-1A Visa: For managers and executives.
- L-1B Visa: For employees with specialized knowledge.
The L-1 visa requires the U.S. company to file the petition on behalf of the employee, making the company the petitioner and the visa recipient the beneficiary.
Benefits of the L-1 Visa
- Authorized U.S. Employment:
The L-1 visa allows the employee to live and work in the United States for the petitioning employer.
- Initial Validity and Extensions:
- L-1A Visa: Initially valid for 3 years, with the possibility of extension up to 7 years.
- L-1B Visa: Initially valid for 3 years, with the possibility of extension up to 5 years.
- Dual-Intent Visa:
The L-1 visa allows for the possibility of pursuing permanent residency (a green card) in the future.
- No Wage Requirement:
While there are no specific wage requirements for the L-1 visa, employers must still comply with state and federal minimum wage laws.
- Family Inclusion:
Spouses and unmarried children under 21 can accompany the L-1 visa holder under L-2 status. Spouses can obtain employment authorization, and children can attend U.S. schools.
- Premium Processing Option:
For an additional fee, USCIS offers premium processing, which expedites the review of the L-1 petition within 15 days.
Requirements for the L-1 Visa
To qualify for an L-1 visa, the following main requirements must be met:
- Qualifying Relationship:
There must be a qualifying relationship between the foreign company and the U.S. company, which can be:
- Parent/Subsidiary: One company owns more than half of the other, or a joint venture with equal control.
- Branch Office: The same company operating in a different location, registered as a foreign corporation in the U.S.
- Affiliate: Two companies owned and controlled by the same parent company or group of individuals.
- Continuous Full-Time Employment:
The employee must have been continuously employed full-time by the foreign company for at least 1 year within the last 3 years before filing the L-1 petition.
- Managerial, Executive, or Specialized Knowledge Role:
The employee’s role at the foreign company must have been in a managerial, executive, or specialized knowledge capacity.
- U.S. Job Role:
The employee must be coming to the U.S. to work in a managerial, executive, or specialized knowledge capacity for the U.S. company.
Documents Needed for an L-1 Visa
Documents required for an L-1 visa petition typically include:
- Signed statements detailing the qualifying relationship between the foreign and U.S. companies.
- Tax returns, stock ownership records, articles of incorporation, and by-laws for both companies.
- Business license, lease agreement, state and federal tax returns, W-2s, and promotional materials to prove one year of business operation.
- Detailed organizational charts for both companies.
- Signed statements explaining the employee’s job description and daily duties, including time allocations.
Process of Applying for an L-1 Visa
- Consult an Immigration Expert:
It is advisable to consult an immigration expert who can analyze your case and guide you through the document collection process.
- File Form I-129:
The U.S. company files Form I-129, the Petition for a Nonimmigrant Worker, on behalf of the employee, along with all supporting documents.
- Adjustment of Status or Visa Processing:
Choose between Adjustment of Status (for those lawfully present in the U.S.) or Visa Processing (for those outside the U.S.).
Why Choose Build Champions?
The L-1 visa is a powerful option for multinational companies to transfer key personnel to the United States. At Build Champions, we are here to guide you through the L-1 visa process, ensuring that you meet all requirements and submit a strong application. Our nonprofit services are designed to provide expert support at every step, helping you achieve a successful outcome.
For more information or to begin your L-1 visa application, contact Build Champions today.