What is the purpose of L-1 Visa
The L-1 visa is one of the most useful nonimmigrant visas available to employees of foreign companies. The purpose of the L-1 visa is to facilitate the transfer of key employees to the United States from companies that are affiliated with or related to United States corporation.
Is the L-1 visa holder allowed to have dual intent?
Yes. L1- visa does not preclude the person from seeking lawful permanent residence while pursuing or being present in the United States on an L-1 visa.
Who needs to file L visa?
A U.S employer seeking to transfer a qualifying employee of the same organization to the United States must first obtain USCIS permission to do so, by filing a petition to classify nonimmigrant as temporary workers, Form I-129 and a special L supplement to the form, with the USCIS
Who is a "manager" for the purpose of L visa?
Here are the definitions of "manager" in law:
- Someone who primarily manages the organization , or a department, subdivision, function of component of the organization.
- Someone who primarily supervises and controls the work of other supervisory, professional, or managerial employee or manages an essential function within the organization, subdivision or department.
- Someone who has the authority to hire and fire and recommend those as well as other personnel actions if another employee are supervised; if no other employees are supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; or
- Exercise discretion over the day-to-day operations of the activity or function for which the employee has authority
How long can I stay in the United States if I have the L-1 visa?
The L1A visa has a duration up to seven years for managers and executives and L-1B up to five years for persons of specialized knowledge.
How long must be the foreign worker have been employed by the overseas company?
The employee who is to be transferred must have been continuously employed by the overseas company for a period of at least one year out of the last three years prior to entry to the United States.
What are foreign worker's qualifications for an L visa?
The law requires that the L-1 visa holder to be a manager, executive or a person with specialized knowledge in the foreign entity and continue to act in these qualifying capacities in the U.S company.
Who is an "executive" for the purpose of L-1 Visa?
An executive is someone who
1. Directs the management of the organization or a major component or function,
2. Established the goals and policies of the organization, component, or function,
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher level executives, the board of directors or stockholders of the organization.