L1 is a temporary work visa that permits a foreign company to transfer high-level managers or executives (L1A) or workers with specialized knowledge (L1-B) to the United States. The foreign company does NOT need to be in the same field of business.
The main requirements a beneficiary being transferred to the United States should consider when applying for an L1 visa:
1. The Petitioning USA Company (Employer) must have a qualifying relationship with a foreign company. A parent-subsidiary, branch or affiliated relationship must exist between the foreign and USA company
2. Simply having an office does not qualify! The USA company must be doing or will be doing business and the foreign company must continue doing business. This means that USA and Foreign company have to be active and able to prove goods or services in both countries. If the USA business is opening a new office, their business plan must prove they will be doing business in the near future.
3. The beneficiary must have worked in the foreign company for at least 1 continuous year in the previous 3 years prior to filing the application. So, if you are an executive, you have to have worked for at least 365 days in the last 1095 days in the foreign company. If you have not, you do not qualify.
4. The Foreign Company must transfer sufficient capital to support the USA business. WThis means that if you open a new office, expect to transfer enough to pay rent, utilities, wages, goods, and more for your first year of operations. For existing companies, you should already have enough money in place to make sure you can safely operate
Absolutely! You can bring your spouse and unmarried child under 21 years old. Your children can study in public schools in the US and your spouse can apply for work authorization filing Form I-765 (we can help you, contact us for more information!) If everything goes right and the application is approved, your spouse can work anywhere.
And now, if you know you are qualified, you know you can bring your family, the big question is: What about getting a USA green card? Is there a route to get a greencard from the L-1 Visa?
L1 to EB1C is a path to USA permanent residency. An L-1 applicant (especially the L-1A visa holder) in their second year of working in the United States can file for EB1-C and receive a green card at the end of process if they properly plan their business and L-1A right.
Do you have any questions or think you are ready to apply for your L1?
Maria L. Cordeiro.
SMS Law Firm
Global. Dependable. Results.