L-1 VISA

The L-1 Visa category ("intra-company transferee") is a tool for international organizations with offices in the U.S. to transfer employees from overseas to the U.S. office for the period of time required by the employer, up to a maximum initial period of stay of three years. Note: the "L" visa, as well as the "H" visa, is specifically exempt from the presumption of immigrant intent. As a result, L-1 visa holders can apply for the U.S. permanent residence status as "priority workers" in the first preference.

To obtain an L-1 visa, the applicant must be able to prove that he or she has worked for the overseas company for at least one full year within the last three years in a position of executive, managerial or employee with specialized knowledge. The company must be a qualifying organization being one that is doing business in the U.S. and one other country during the whole period of the transfer.

The L-1 visa comes in the following categories:

L-1A visas - for executives and managers
L-1B visas - for personnel with specialized knowledge
The L Visa holder's spouse and unmarried children under the age of 21 are allowed to stay in the U.S., under L-2 status. They can attend schools or universities. However, they are not allowed to work unless they individually obtain a work visa. Servants may be eligible for a B-1 visa with work authorization.

Procedures

The employer must file a petition with the INS Regional Service Center with jurisdiction over the location of the position. These documents should be photocopies of the originals. The INS will render its decision to either accept or deny the petition within 30 days after the petition is received.

Upon approval, the INS will forward the petition to the U.S. Consulate nearest L Visa applicant's place of residence for review. If the applicant is not in the U.S. when the petition is approved, the applicant must get his visa stamped at the U.S. consulate before being allowed to enter the U.S. The applicant's employer will receive Form I-797.

After receipt of the I-797, the applicant must submit Form OF-156 at the Consulate. If the petition is not approved due to missing documents, INS will request further documentation from the applicant. The applicant in such situations will have 12 weeks to respond. The L visa normally is valid for 3 years if approved.

The L-1 Blanket Petition Program: The INS has provided a special set of procedures to be used by companies that have been frequent users of the L-1 visa category or are large multinational organizations. If a company has been defined as a blanket petition entity by INS, the company can directly authorize L-1 visas to eligible employees. However, non-profit organizations are not qualified for a blanket petition program.

Forms and Documents

To apply for an L-1 Visa, the following documents and forms must be submitted:

A completed visa application Form OF-156.
One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
A passport, valid for travel to the United States for at least six months longer than your intended visit.
The employee copy of Form I-797. The Notice of Action, this petition is filing to the INS by your employer.
INS Form I-129, and the L Supplement.
The petition should show that both the U.S. and foreign-based company meet INS requirements for L-1 status. The U.S. entity should be a branch office, subsidiary or affiliate of the foreign enterprise, and both companies should be actively engaged in business.

In doing so, the applicant should provide the following supporting documents:

A letter from the prospective U.S. employer on company letterhead detailing the applicant's position and the U.S. operation's status.
Letters proving that the U.S. and foreign entities are engaged in business. These can be from attorneys, bankers or accountants.
Proof of the nature, operation size and financial status of the U.S. and foreign entities.
Documents that detail the value of the applicant's skills in regard to the U.S. entity.
In addition, the applicant should provide the following documents:

A resume or curriculum vitae.
Copies of passports for family members joining the main applicant.
Proof of education: degrees, transcripts, etc.
Reference letters from former employers.
Professional licenses, if applicable.
If the applicant's purpose to enter the U.S. is to start a new branch or office, the following extra documents should be submitted:

Proof of a building or location for the new office. A lease will work for this.
Proof of the relationship with the foreign entity.
Proof of financial resoluteness. The applicant must show that he has financial resources to pay his U.S. employees and handle any other business costs.