L-1 Visa Attorney
Provides a temporary work & residence permit
The L-1 visa enables a US employer to transfer an executive, manager or specialised knowledge employee from a qualifying foreign entity to the US entity. There are two types of L-1. The L-1A is for executives and managers and the L-1B is for employees with specialised knowledge.
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Benefits of L-1 Visa?
- No Quotas Unlike some other visa categories there are no annual limits on the number of visas available to certain countries.
- Fast Processing Times Average processing time is between 3-6 months. Premium Processing is also available by paying an additional fee of $2,500. With the premium processing, USCIS is required to respond with 15 business days.
- Family L1 Visa holders are permitted to take their spouses and dependent children with them to the United States on the L-2 visa.
- Work Authorisation Spouses are permitted to apply for work authorization once they enter the US to work for any US employer.
- Tax Advantage The L1 visa is a non-immigrant visa, which means it does not offer permanent residency (Green Card). While Green Card holders may be taxed on worldwide income, non-immigrant visa holders are generally not. (You should still consult a tax professional if you want to make sure that you will not be considered a US tax resident)
- Transition to Green Card It is possible to transition to a Green Card through the L-1A visa category. The criteria for L-1A is very similar with the criteria for EB-1C category for Multinational Managers or Executives, which makes it easier for L-1A holders to become permanent residents. The L1 visa category is also considered a dual intent visa.
How Long is an L-1 Valid for?
The initial validity of an L1 visa in USA is determined by something called the “Reciprocity Schedule”. Each country has its own reciprocity schedule for the L1 Visa. Some countries have longer than others, some examples are given below. You can find your country on the State Department’s website.
The reciprocity schedule determines the maximum length of validity for the initial visa. After this time period, an applicant can renew their L1 visa in USA up to a maximum of seven (7) years for an L-1A category and five (5) years for an L-1B visa.
Applicants for “New Office” L-1 Visas are all granted a one-year visa initially. This allows the authorities to check the progress of the establishment of the new U.S. office. If sufficient progress has been granted, it is possible to renew in increments of two years upto the standard maximum of five or seven years for L-1A and L-1B respectively.
What is an L-1A?
The L-1A category of visas is for the transfer of manager and executive-level employees from the overseas office to the US office of the same company. It is important to be able to document clear managerial responsibilities with significant authority in the company. The L-1A is initially valid for up to three years if the US firm has been in operation for at least one year.
The L-1A can then be renewed in two-year increments upto a maximum of seven years. If the US business has not been in operation for at least one year, this is considered a New Office L-1A application and the initial validity is just one year. After seven years, the L-1A holder must return home or transfer to another visa. The EB-1c visa offers permanent residency to qualifying management and executive level employees.
What is an L-1B?
The L-1B category of visas is for the transfer of employees with specialized knowledge from the overseas office to the US office of the same company. “Specialized knowledge” offers considerable scope for interpretation and it is important to work with a highly experienced immigration attorney who can help you understand whether you have grounds to claim a visa using L-1B status. Here at Global Immigration Partners we offer free initial consultations with an experienced L-1 visa attorney to establish whether you have a strong case for applying for the L-1B Visa.
The L-1B is initially valid for three years unless the US office has been in operation for less than one year, in which case the initial visa validity is one year. The L-1B can be renewed in two-year increments up to a maximum of five years.
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