Minnesota L1 – L2 Visa Intracompany Transferees Attorney

L1 Visa Intracompany Transferees

L1-A Visa/L1-B Visa

An L-1A is a type of nonimmigrant visa in which allows foreign executives and managers employed by multinational companies to transfer from a foreign office to the United States with the purpose to work at an executive office.  If the company does not have an existing executive office in place, this visa also allows them to send executives and management to form one.  Employees who possess a specialized or advanced knowledge that is relevant to the primary employer’s product, service, research equipment, techniques, management, company processes and procedures, or of the industry may qualify to apply for the L-1B visa.

L1 Visa Requirements

It is permissible for a foreign employer or employer in the United States to file an L1 Visa Petition on behalf of their employee as long as the employer meets the requirements.  If they are a foreign employer, they must already have a legit business established within the United States.  The following must accompany the L1 Visa Petition:

  1. Evidence of a qualifying relationship between the foreign employer and the United States. This evidence must address who has ownership and control of the company.  Accepted documentation may include financial statements, stock certificates, annual reports, or articles of incorporation.
  2. A detailed letter from the employee’s foreign employer that specifies their dates of employment, job description, salary, and qualifications. The employer must demonstrate that their employee has sustained employment with them overseas for one (1) year at minimum in an executive position, a level of management, or in a position which requires a specialized knowledge within the three (3) year time frame prior to the filing of the L1 Visa Petition.
  3. The employer must also provide great detail as to the proposed job description, duties, and qualifications and provide support that the proposed employee is going to be working at an executive level, a level of management, or in a specialty that requires a specialized skillset or knowledge.

L1-A visa holders who will be employed in a new office in the United States as an executive or manager must also provide the following support with their petition:

  1. Adequate site(s) to house the new office(s) have been acquired.
  2. The assignee has or will have a qualifying relationship to the foreign employer and qualifying position upon establishment.
  3. Proof the intended organization has the ability to support the executive or managerial position within one (1) year of the approval of the petition. This proof must be supported by the following information:
  • Proposed nature of the enterprise, corporation, or business (must include the financial goals, organizational structure, size and scope of the business)
  • The size of the United States investment, ability to financially support the assignee, financial ability to begin doing business in the United States, and any additional supportive financial information.
  • Documentation demonstrating the organizational structure of the foreign enterprise, business, or organization.

L-1B Visa holders must who will be employed in a new office in the United States as employees obtaining a specialized knowledge must also provide the following support with their petition:

  1. Adequate site(s) to house the new office(s) have been acquired.
  2. The enterprise, business, or organization is or will be considered a qualified organization.
  3. Proof the intended organization has the ability to financially compensate the employee and to initiate doing business in the United States.

Blanket L Visa Petition

If the employer files L petitions on a regular basis they have the option to file a Blanket L Visa Petition.  This petition must be filed by a United States Employer who will serve as the sole representative between the United States Citizenship and Immigration Services (USCIS) and the qualifying entities, businesses, or organizations and must accompany additional support that:

  1. The Petitioner (including its branches, subsidiaries, and affiliates) are engaged in a legal commercial trade or service.
  2. The Petitioner has secured an office in the United States and has been conducting business for a minimum of one (1) year.
  3. The Petitioner has a minimum of three (3) domestic and foreign branches, subsidiaries, or affiliates.
  4. The Petitioner and its authorized organizations have obtained approved petitions for no less than ten (1) L1 professionals throughout the prior year, have subsidiaries or affiliates in the United States with a minimum of $25,000,000 in combined annual sales, or a workforce of at least 1,000 employees in the United States.

Filing the Blanket L Petition will alleviate the process of admission and approval of more L Petitions and will also help the business to acquire continuing approval for itself and for select or all of its parents, branches, subsidiaries and affiliates in the United States.

L-2 Nonimmigrant Classification

Holders of L1 Visas are permitted to bring their immediate family (limited to spouses and unmarried children aged 21 and younger) over to the United States.  Family members may apply L-2 Nonimmigrant Status using Form I-539 and pay the required application fees. Once approved, L-2 visa holders will be granted the same time limit as the L1 visa holder.  If the family is already residing within the United States and is interested in pursuing a change of nonimmigrant status or an extension of stay, they may apply for same utilizing form I-539.

Time Limit

Generally, L1 visa holders are permitted to stay in the United States for a maximum of three (3) years, however certain qualified employees who are transferring to the United States for the purpose of establishing a new executive office will be granted an initial period of one (year).  L-1A visa holders may submit a request for extension of stay.  If the extension is granted, they will be allowed to stay in increments of an additional two (2) years until the L1-A holder has reached seven (7) years, the maximum time limit.

Schedule an Appointment

Tarshish Cody’s immigration attorneys are eager to advise and help you get through the application process with ease.  For more information on L1 Visas, call us at 952-361-5556 (or fill out the free case evaluation form below) to schedule your free initial appointment.

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