L-1 Visas

Global multinational corporations are constantly transferring their staff from abroad to their U.S. workplaces. Congress created the L1 visa to facilitate this transfer of personnel. Applicants must satisfy the following qualifications.

Applicants must have been employed for at least one year within the past three years prior to the submission of the application of the L1 visa. The applicant must be coming to the U.S. to continue providing services for this same employer. Finally, the alien must be working in a capacity as a manager, executive or in a position that requires specialized knowledge.

Typically, the approved L1 is granted for a period of three years. Thereafter, extensions are usually given in two-year increments. The total period of stay permitted for managers and executives is seven years. For specialized workers, the total duration is five years. Once the maximum duration has been reached, the alien must reside abroad for at least one year, then he or she may return to the U.S. in L-1 status. It is important to note that the times spent in L-1 status AND H status are added together and counted toward the total. Thus, if a specialized worker had spent 2 years in H status and then spent 3 years in L status, he will not be able to obtain an extension.

The application for an L-1 visa will contain information about the company and the alien. Information concerning the company will detail the nature of the business and the relationship it has with its U.S. affiliate. Information regarding the alien will provide a job description and discuss how the position is either a manger, executive, or specialized worker position. The support letter should also discuss the qualifications of the alien and how she is suitable for this position.

One benefit to the L-1 program is that it permits companies to apply for "blanket" L-1. This enables the company to avoid having to file individualized applications for each employee it wishes to transfer to the U.S. thus saving the company significant time. Instead, the alien can take a copy of the I-797 approval notice and apply directly at the nearby U.S. consulate to obtain a L-1 visa stamp in his passport.