L Visa Attorney Northeast Philadelphia
An L-1 visa permits a foreign national to be transferred to a U.S. employer from a foreign affiliate employer. There are two types of L-1 visas: L-1A for executives and managers, and L-1B for individuals with specialized knowledge. L-1 Visa holders are permitted to pursue lawful permanent resident status while they are present in the United States.
Basic requirements for an L-1 petition:
The U.S. employer and the foreign employer must have a “qualifying relationship” (i.e., be a parent, branch, affiliate, or subsidiary);
The U.S. employer and foreign employer must be “doing business” (i.e., regular, systematic, and continuous provision of goods and/or services) in the U.S. and abroad—international trade is not required;
The L-1 beneficiary must have been employed continuously for one full year by the foreign employer within a three year period prior to the date the L-1 petition is filed.
As mentioned above, an L-1A beneficiary must have been employed in a managerial or executive capacity by the foreign employer. According to 8 CFR § 214.2(l)(1)(ii)(B), “managerial capacity” means managing the entity or one of its components, supervising managerial or professional employees, managing an essential function of the entity, having the authority to make or recommend personnel decisions, and having the authority to exercise discretion over daily operations. Conversely, “executive capacity” means directing management of the entity, establishing the entity’s goals and policies, exercising broad discretion in decision making, and being supervised on a limited basis by the entity’s high-level executives.
Northeast Philadelphia L Visa Attorney
An L-1B beneficiary must be seeking admission to the U.S. in order to work in a specialized knowledge capacity. According to 8 CFR § 214.2(l)(1)(ii)(D), his means the employee must possess special knowledge of the petitioning entity’s “product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.”
Duration of status for L-1 visas:
L-1 beneficiaries entering the U.S. to establish a new office are granted a maximum initial stay of one year;
All other L-1 beneficiaries receive a maximum initial stay of three years;
Extensions of status may be granted for maximum periods of two years;
An individual may only be in L-1A status for 7 years in total or in L-1B status for 5 years in total.
Family members of L-1 visa holders:
Spouses and unmarried children who are under 21 years of age may accompany the principal visa holder;
Spouses may obtain work authorization in the United States and are not required to work for the L-1 business.
