Posted by Camilo Espinosa on August 7, 2013

The L-1 visa is a temporary non-immigrant visa, which allows usually small and start up overseas companies to relocate qualified employees to its subsidiary, parent or branch company. There are two different L-1 visa classifications: L1-A and L-1 B. The L-1A visa is designed for intra-company executive managers or employees coming to work in the United States. On the other hand, L-1B visas are designed for professional employees with specialized knowledge coming to work in the United States.

There are some specific requirements that need to be met to obtain L-1 visas. First, the U.S. company and its affiliate, subsidiary or branch must be related. This means that the U.S company must have a qualifying relationship with the foreign company. Second, the company will be doing business as an employer in the United States. Third, for the L-1 A, the employee must have worked abroad for the foreign company for a continuous period of one year during the last three years before admission to the United States. Additionally, for the L-1A, the employee must have the ability to supervise, control and

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manage the U.S. company. This is a very important point that many investors need to pay attention to because the petitioner must established that he/she will be employed in a primarily managerial or executive capacity. As a result, he/she needs to manage and supervise employees at some point. Fourth, the L-1 visa holder must intend to depart the United States upon competition of his or her authorized stay.

If the basic requirements are met, the company can gain access to the many advantages of the L visa category, which they may not have been able to utilize on another type of nonimmigrant visa. Also, it is important to understand that one of the privileges of the L1 visa (as opposed to other nonimmigrant visas) is that it is a dual intent visa, which means that the L-1 visa holder may apply for a green card while he is in L-1 status. This is great because the L-1 visa provides a pathway to permanent resident status in the United States.

Camilo Espinosa is an attorney in LOIGICA P.A. He

has personal knowledge of the various situations that both immigrant and non-immigrant individuals have to experience throughout the immigration proceedings. Call today or email us for a free consultation.

Topics: Immigration Law