L1 Business Visa
If you have a business, company outside of the United States, applying for an L1 Business Visa can give you the ability to move to the United States and operate a business in the United Sates. L1 visa gives the ability of a foreign company to transfer certain employees, managers or business owners to a United Sates branch office, parent subsidiary or an affiliate company.
Our goal is to give you some general understanding of the L1 Visa process in this guide. Please note that each case is unique and specific, you can get in contact with us at [email protected] regarding your particular situation and we will advise you on the best approach to making the United States home for yourself and your family. Our group of expert attorneys are ready to help with any questions you might have.
What is an L1 Visa?
It is a non-immigrant type of visa which lets a business, company from a foreign country to send (transfer) certain managers, executives of the foreign company or other person with specialized knowledge to the United States, however a number of requirements must be met. The United Sates company has to be parent, subsidiary or branch office or other affiliate of the foreign company.
The individual who is transferred from the foreign company to the United States has to work for the United States company in a managerial, executive capacity or in some cases in other types of specialized skill and knowledge capacity.
- L1A visa is issued to managers or executives.
- L1B visa is for people with extraordinary skills and specialized knowledge.
You are allowed to switch from L1A to L1B and from L1B to L1A under some circumstances.
It is the United States company, the affiliate of the foreign company that files on behalf of the employee. This means that the United States company is the PETITIONER and the transferred employee, the L1 recipient is going to be considered as the BENEFICIARY of the visa petition.
With an L1 visa (you) and with an L2 visa (your family (spouse and children) can legally live and work in the United States for an extended period of time and this type of visa can eventually lead to Green Card and to United Sates Citizenship.
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What is an L1 Visa?
Legally move and live in the United States
You can bring your spouse and children with you. You and your spouse and children depending on their age can legally work in the United States.
Legally stay in the United States for an extended period of time without the need to leave the U.S.:
- For L1A visa holders this is usually for a period of 3 years (or 1 year for new businesses), but in most
circumstances can be extended up to 7 years.
Before the expiration of the 1st year you need to apply for an extension and need to prove to USCIS that there is an active and ongoing managerial position for the company and that the foreign company is still sustainable and that it continuously has a qualifying relationship with the US company (more on this below).
- For L1B visa holders this is usually for a period of 2 years, but in most circumstances can be extended up
to 5 years.
The goal is to eventually apply for a Green Card and US Citizenship.
Dual Intent Visa
L1 visa is DUAL INTENT VISA, unlike most other forms of visas. This means that the individual who is intending on moving to the United States for work might only want to temporarily live in the United States and return to his or her home country after a certain period of time. However, the individual can also decide that he or she wants to make the United States his or her permanent home and eventually apply for a Green Card and become a Permanent Resident and even a United States citizen.
There is no requirement that the United States company pay you a particular salary Other types of visa categories do require that the transfer worker get a salary. This is not a requirement for the L1 visa, but note that companies in the United States still must comply with federal and state laws regulating wages in the U.S.
Advantages to your family
Once the transfer applicant receives his or her L1 visa, his or her spouse and married children under the age of 21 are allowed to move to the United States with them and they would receive an L2 status after the principal applicant.
- Your spouse would be allowed to work in the United States legally once the employment authorization is granted
- Your children would be allowed to attend school and to get an American Education.
Expedited processing can be requested under the L1 visa category for a fee of $1,225 (subject to change).
United States Citizenship and Immigration Services (USCIS) responds to your request within 15 days if Premium Processing is selected.
No Limit as to the Issuance of L1 Visas
Unlike other types of visas, there is no numerical limitation as to the number of L1 visas issued per year.
Getting an approved L1 Visa petition is time consuming, highly technical and complex. If you have any questions about the process or your particular circumstances and need help finding out how you can immigrate to the United States, feel free to get in touch with us via phone +1 (954) 210-6054 or e-mail us at: [email protected] and we will do everything in our power to help you and your family move as quickly as possible and make the United States of America your home.
Immigration Services in South Florida
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