The L nonimmigrant visa category is one of the most useful tools available to
international companies needing to bring foreign employees to the United States.
If a few basic requirements can be met, many advantages exist to using the L
category. Under the 1990 Act, a new employment-based immigrant preference category
was created for managers and executives who meet the L-1 standards for those
employees. These aliens are considered "priority workers" in the first preference,
which has 40,000 annual immigrant visas allotted to it.
Duration of Stay
An Alien may be admitted to the United States in L-1 status for the period of time
required by the employer, up to a maximum initial period of stay of three years.
The total period of stay may reach seven years for L-1A managers and executives, and
five years for L-1B specialized knowledge personnel.
Application Process
The U.S. employer must file a petition with the Immigration Service in order to
obtain permission to transfer a foreign national for a temporary period. Once the
petition is approved, the approved petition is sent to a U.S. consulate where the
alien can obtain an L-1 visa to enter the United States. If the alien is already
in the United States in a different nonimmigrant category, his or her status must
be changed to the L-1 category.
Basic Requirement for Obtaining L-1 Status
- The employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years.
- The company for which the employee has worked for a year abroad must be related to the U.S. company in a specific manner.
- The company must be a qualifying organization, one that is doing business in the United States and one other country during the whole period of the transfer.
- The employee to be transferred must have been employed abroad in an "executive" or "managerial" position or a position involving "specialized knowledge".
- The employee must be coming to the U.S. company to fill one of these capacities (executive, managerial, or specialized knowledge).
- The employee must be qualified for the position by virtue of his or her prior education and experience.
- The L-1 alien must intend to depart the United States upon completion of his or her authorized stay (including extensions), but may also pursue permanent residence at the same time.
