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L-1A & L-1B Visa for Intra-Company Transfers

  

What Is the L-1 Visa?

Who Is Eligible for L-1A and L-1B Visas in the US?

What is the duration of L-1A and L-1B Visas?

Renewability

Family Benefits

What Documentation Do I Need for an L-1A and L-1B Visa?

What is the Process for an L-1A and L-1B Visa Like?

What are the U.S. Immigration Service (USCIS) filing fees?

Where can I get more Information?


What Is the L-1 Visa?

There are two kinds of L visas:

  • L-1A-for employees in an executive or managerial position, and 

  • L-1B-for employees in a specialized knowledge capacity 

The L-1 visa is a non-immigrant work visa for employees in a specialized knowledge capacity or an executive or managerial position who are being transferred from a foreign company to a U.S. subsidiary, branch, affiliate or parent of the original foreign company. There are no limits to the number of L-1 visas that the U.S. Immigration Service can issue per year and the petitioning company does not have to obtain a prevailing wage approval or file any documents with the Department of Labor. L-1 visa aliens may possess dual intent, allowing them to apply for a permanent residency concurrently with the L application. L-1A aliens do not need to go through the labor certification process when applying for permanent residency, however, L-1B aliens do. 

There is a premium processing option for L visa petitions filed in the US, which for an additional filing fee, the U.S. Immigration Service will commit to process the application within 15 business days from receipt of the application. This does not mean that there will necessarily be a final decision in 15 days, but that there will be a response by this time. This response may be a visa approval, a denial or it may also include a request for additional documentation.

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Who Is Eligible for L-1A and L-1B Visas in the US?

Employees who are being transferred from a foreign subsidiary, branch, affiliate or parent of a U.S. company:

  • who are in a specialized knowledge capacity or an executive or managerial position and 

  • have been employed for at least one continuous year during the past three years, with the foreign subsidiary, branch, affiliate or parent of the U.S. company applying for them.

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What is the duration of L-1A and L-1B Visas?

L-1 visas may be granted for an initial period of up to 3 years and may be renewed for a maximum of 7 years for an L-1A and a maximum of 5 years for an L-1B. Any time spent under an H-1 visa status will count towards this maximum. 

However, for L-1A's, if after the 7 year period, the employee resides at least one complete year abroad, the clock starts counting again and the alien may be granted another 7 years in L-1A status. There is no time limit for aliens who reside intermittently in the U.S., or an aggregate of six months or less per year. 

Renewability

This visa may be extended from the initial 3 year period in terms of 2 year periods up to the 7 year maximum for L-1A, or 5 year maximum for L-1B.

Family Benefits

Spouses and unmarried children under 21 are allowed as dependents under an L-2 visa. L-1 dependents are allowed to legally live and study in the U.S. without any additional permits, and the spouse of the L-1 visa holder may obtain work authorization.

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What Documentation Do I Need for an L-1A and L-1B Visa?

Petitioner Company's Information: 

  • Articles of organization for foreign and U.S. company affiliates

  • Company brochures with description and addresses 

  • Number of employees of parent company and affiliate 

  • Financial Statements of both U.S. and foreign affiliates 

  • Documentation showing evidence of connection between the affiliates


Perez Law Group, APC serves clients with immigration, estate and business planning needs throughout Los Angeles County, San Diego County, Riverside County, Orange County and San Bernardino County



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