USA L1 Visa—A Fleeting Glance

The USA L1 Visa is a non immigrant visa, and valid for a short period of time, five years, and with extension the maximum stay is fixed to seven years. It is basically an intra company transport visa which allows groups, operating from the US and foreign country, to shift employees of certain specific classes (specialized knowledge stream, executives or managerial) from overseas destinations to the US.

The permits are available to the workers of a global organization with bureaus in both the US and out-of-the-country. The permit enables such workers from abroad to move to the corporation’s US bureau post having offered their professional services for the firm for not less than one nonstop year inside the preceding three before entry in the US.

It is mandatory that the US and the non-US recruiters are related in any of the four manners: parent & subsidiary; branch and headquarters; sister firms held by a mutual parent; or ‘affiliates’ held by the same or individuals in roughly the same proportions.

Initially, the USA L1 visa was valid for large Multi National Companies to transfer their employees to the country, but later small and startup groups were also included with the aim to expand their business venture and services to the country.

In order to become eligible, the employee must have one year working experience in the last three years–either with a branch office or parent or sister company outside the US.

USA L1 Visa–Basic Requirements

Aspirants’ company is responsible for filling the L1 USA Visa and it has to be approved by the United States Citizenship and Immigration Services (USCIS). Post approval, candidates are not allowed to work for any other company, except their sponsor company. Following are the basic requirements:

  • No individual can apply for a visa on your behalf. Your company must apply for a L1 Visa.
  • The visa can be issued to employees of certain class, for example, Manager or Executives.
  • US office must present a letter stating that the services of the candidate are required in US office.
  • The petition must clearly indicate that both the US office and the parent/sister office are legal and qualified organizations.
  • The candidate must have an experience of not less than one year during the last three years, and is ready to take on comparable responsibilities in the US.
  • Managers and Executives are allowed to reside in the country for seven years, and candidates with specialized knowledge are given the right to reside in the nation for five years.

A candidate can also obtain a L1 visa if he is transferred to establish an office in the US on behalf of his/her company.

Following conditions apply:

  • The company in question should have proofs of enough capital required to establish a office in the US.
  • To run the business, the company has to submit proofs that it has required infrastructure in the company.

Now let’s define the two categories in detail!

Managers/Executives: The formal definition of the two designations is strict, and at the time of submitting the petition, detailed description of the duties will be required. To be precise, they should be responsible to supervise the staff/department or should be responsible for subdivision of the employer. To begin with, eligible candidates are issued a visa for three years which can be extended for further two years. The maximum number cannot extend seven years.

Specialized Knowledge Staff: It includes candidates with complete knowledge of the firm’s services/goods, techniques, processes and administration. At first, eligible aspirants are given a L1B visa for a time-frame of three years that can be extended up to five years.

What makes L1 visa exclusive and special is that it is a ‘dual intent’ visa aspirants are not required to maintain a foreign dwelling which anyhow they have no intention of abandoning. The L1 visa holder may submit an application for a Green Card, or file for an adjustment of status or else present an application for an immigration visa.

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