L-1A – Inter-Company Transfer (Executive or Manager)
The intent of the L1-A non-immigrant visa (also referred to as “intra-company transfer”) is to allow a US based employer to relocate an executive or a manager to their offices in the United States. The L1-A non-immigrant visa is also available to a foreign company (which does not have a presence in the United States) to send an executive/manager to establish an office in the United States.
Eligibility
There are different eligibility requirements depending on the nature of the application for a L-1A visa.
US Employer
The US employer must show the relationship with the foreign company – this could be a branch, parent company head office, subsidiary or an affiliate. The U.S. employer must also show that they are currently or will be operating a business in the United States and one foreign country for the length of the L1-A visa holder’s stay in the United States. The L-1A employee must show they were employed in an executive/managerial position by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1A visa.
Foreign Business
A foreign employer looking to send executive/managerial staff to set up offices in the United States must show that they have secured a physical location to enable the business to operate and that the US location will support a position of an executive/manager one year from the approval date. The L-1A employee must show they were employed in an executive/managerial position by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1A visa.
Family Members
The L2 visa is available to family members of the L1 visa applicant. The L2 visa is normally granted for the same period of time as the L1 applicant. The spouses of an L1 visa holder can apply for work authorization and when approved, can work in the United States in any occupation.
Period of Stay
If an approved employee is entering the United States to set up a new office, they will be granted an initial stay of one year. All other qualified employees may be granted an initial maximum stay of three years. The L-1A employee can request an extension in increments of two years for a maximum of seven years.
L-1B – Inter-Company Transfer (Specialized Knowledge)
The intent of the L1-B non-immigrant visa (also referred to “intra-company transfer”) is to allow a US based employer to relocate an employee with specialized knowledge to their offices in United States. The L1-B non-immigrant visa is also available to a foreign company (which does not have a presence in the United States) to send an employee with specialized knowledge to the United States to help establish an office.
Eligibility
There are different eligibility requirement depending of the nature of the application for a L-1B visa.
US Employer
The US employer must show the relationship with the foreign company – this could be a branch, parent company head office, subsidiary or an affiliate. The US employer must also show that they are currently or will be operating a business in the United States and one foreign country for the length of the L1-B visa holder’s stay in the United States. The L-1B employee must show they were employed in an position requiring specialized knowledge by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1B visa.
Foreign Business
A foreign employer looking to send employee with specialized knowledge to help set up offices in the United States must show that they have secured a physical location to enable the business to operate and that the US location will be able to financially support a specialized knowledge position. The L-1B employee must show they were employed in a position requiring specialized knowledge by the foreign business entity for a period of one year (in the past three years) immediately before applying for the L-1B visa.
Family Members
The L2 visa is available to family members of the L1 visa applicant. The L2 visa is normally granted for the same period of time as the L1 applicant. The spouses of an L1 visa holder can apply for work authorization and when approved, can work in the United States in any occupation.
Period of Stay
If an approved employee is entering the United States to set up a new office, they will granted an initial stay of one year. All other qualified employees may be granted a initial maximum stay of three years. The L-1B employee can request an extension in increments of two years for a maximum of stay of five years.
How can we help….
The Law Offices of Trupti N Patel & Associates – Immigration Attorney Boston – has a long and successful history of working with companies from startups to well established corporations and guiding them on successfully obtaining the L1-B/L2 applications. If you would like a consultation regarding L1-B/L2 Visas with one of our immigration lawyers please call us at (617) 367-6750.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
