L-1 Visa Lawyer in New York – Berd & Klauss, PLLC
The L-1 non-immigrant category is for intracompany transfers and blanket L petitions. It is available to individuals who have worked for a foreign corporation that has a parent, subsidiary, and branch or affiliate company in the U.S. Similar to H-1B it is allowed for dual intent. So, a foreign national can immigrate to the U.S. and apply for a green card while on L-1 status. The individual must have been employed in an executive or managerial position (L-1A), or in a specialized knowledge capacity (L-1B) for the foreign company before being transferred to the U.S. office. Our L-1 visa lawyers can work with U.S. clients who have offices in New York or elsewhere in the United States.
A Manager is defined as an individual that manages a company or one of its core components, personally supervises and controls the work of other professionals or manages an essential function of the organization, can hire and fire personnel or operates as a senior level, and exercises discretion over day-to-day functions of the business.
An Executive is defined as an individual that directs the management of the organization or one of its core functions, establishes goals and policies, exercises discretionary decision making, and receives only general supervision or direction from higher level executives, board of directors or stock holders.
An individual has specialized knowledge when that person possesses a heightened level of knowledge of the petitioning company’s products, services, equipment, techniques, or other interests or has an advanced level of knowledge or expertise in the company’s processes and procedures.
To qualify for L-1 status, the foreign national must have been employed abroad by the foreign employer on a full-time basis for at least one continuous year during the last three-year period. The individual must be coming to the U.S. to hold a Managerial, Executive, or Specialized Knowledge position. Our L-1 visa lawyers based in New York have extensive experience with this L-1 visa category and have guided companies of all kinds with successful applications.
Typically, both the foreign and U.S. entities must have been operating for at least one full year prior to the time of application. Both entities must be actively doing business, meaning that they both engage in regular, systematic, and continuous provision of goods and/or services. Both companies, whether in New York or elsewhere in the U.S., should also have an established workforce and sufficient office space to conduct business.
Successful applicants will be approved for a maximum period of three years.
New Office Petitions
An individual can also obtain an L-1 visa in order to open a new office and expand new operations in the United States. This is referred to as a New Office L-1 petition. In this case, the petitioner must demonstrate that a U.S. entity has been incorporated, that sufficient physical space has been secured to conduct business in the U.S., and that the foreign entity is able to commence doing business in the U.S.
In order to qualify for a new office L-1 petition there is no requirement that the U.S. entity must be doing business. As a result, USCIS will grant L-1 status to the applicant for a one-year period. During this time, the petitioning entity must commence business in the U.S. If successful, the company can submit subsequent petitions to extend the applicants L-1 status in three-year increments with a maximum time period of 7 years for L-1A and 5 years for L-1B.
The L-1 visa allows companies to transfer employees from their overseas offices to their US offices. Your employer may file an L-1 petition on your behalf if they need to relocate you to support their US operations. To qualify, you must have worked full-time for the company outside the United States for at least one continuous year during the past three years.
To get the L-1 visa, you need to hold a similar role when you transfer to the US. Apply for the L-1A visa if you will hold a managerial or executive position. The L-1B visa may be more appropriate if you have specialized knowledge that is important to the company’s US operations.
To bring you to the US on an L-1 visa, your US employer must have a qualifying relationship with the company where you currently work overseas. The companies may be connected as a parent, branch, subsidiary or affiliate. The qualifying business must also continue operating in the United States and at least one other country while you remain in L-1 status.
No, you can’t. Your L-1 visa is tied only to the employer that sponsored your petition.
If you want to work for a different employer, that company must file a new L-1 petition for you before you can transfer under this visa category.
Yes, you may bring your spouse with you on an L-1 visa under the L-2 dependent visa category. You can also bring any unmarried children under the L-2 dependent visa as long as they are under the age of 21.
Yes. Although the L-1 visa doesn’t automatically lead to permanent residency, you can try to use it as part of your long-term immigration plans. If your employer is willing to sponsor you, you may be able to apply for a Green Card while you’re working in the United States on an L-1 visa.