L visas are non-immigrant visas that allow foreign companies, or United States companies with offices abroad, to send foreign employees to the United States to work in, or establish, their United States offices. It is the employer’s responsibility to file a petition for an L-1 visa on behalf of their employee, and the employee will subsequently participate in an interview at the consulate or embassy abroad before being issued the visa, if successful.
Eligibility Requirements for L Visas and Intracompany Transfers
L-1A visas allow a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. L-1A visas also allow a foreign company without an affiliated U.S. office to send an executive or manager to the United States to establish a U.S. office. To qualify for an L-1A visa, an employee must:
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before their admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Qualified L-1A employees entering the United States to establish a new office will be granted a maximum initial stay of one year. Once the office is established, all other qualified L-1A employees will be given an initial stay of up to 3 years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.
Transitioning from an L Visa to Permanent Residency
L-1B visas allow a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. L-1B visas also allow a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. To qualify for an L-1B visa, an employee must:
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before their admission to the United States; and
- Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Qualified L-1B employees entering the United States to establish a new office will be granted a maximum initial stay of one year. All other qualified L-1B employees will be given an initial stay of up to 3 years. For all L-1B employees, requests for an extension of stay may be granted in increments of up to 2 years, until the employee has reached the maximum limit of 5 years.
For both L-1A and L-1B employees, it is possible to obtain derivative visas (L-2 visas) for their spouses and unmarried children under twenty-one (21) years of age. Spouses may also apply for work authorization to work in the United States; if approved, there is no restriction on where they may work.
If you are interested in learning more about L-1 visas, call 717-731-8114 or contact us online to schedule a consultation with one of our attorneys.