If your company needs to transfer a foreign national from an overseas office to a U.S.-based branch, applying for an L-1 visa could be the solution. An L-1 visa allows a company to bring a professional employee who has worked abroad to work in the U.S. This visa is critical for businesses expanding their global presence and fostering international collaboration. To ensure the application process is completed accurately and efficiently, partnering with an experienced attorney can be crucial.
A business immigration attorney specializing in L-1 visas can provide significant assistance throughout the process. From ensuring the correct documentation is submitted to helping navigate complex U.S. immigration regulations, a skilled attorney could offer invaluable support to your company. By choosing to work with an attorney, you can significantly reduce the risk of delays or complications that could impede the transfer process.
There are two primary types of L-1 visas that employers may apply for: the L-1A and the L-1B. Understanding which category fits your company’s needs is essential for a successful application.
The L-1A visa is designed for executives and managers. This visa allows foreign professionals in leadership positions to transfer from an overseas office to a U.S.-based location. A foreign professional seeking an L-1A visa must have worked for the company for at least one year within the past three years in a managerial or executive capacity. The L-1A visa is typically valid for one year when the company is a new U.S. entity, or up to three years for an established company.
This visa category can be extended for up to seven years, making it a valuable tool for long-term intra-company transfers. However, it is essential that the role of the transferee is well-documented to meet the specific managerial or executive requirements laid out by U.S. immigration law.
The L-1B visa applies to employees with specialized knowledge essential to the company’s operations. This visa is ideal for professionals with expertise in a particular field, product, or process that is vital to the company’s success. The applicant must have worked for the foreign entity for at least one continuous year in the past three years and have specialized knowledge that is critical to the U.S. branch.
The L-1B visa is typically granted for up to five years, and it is crucial that the employee’s specialized knowledge be well-documented to avoid any complications during the application process. This type of visa may also require additional evidence of the transferee’s role within the company.
The L-1 visa application process can be complex and involves several important steps. First, the employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national. This includes submitting forms such as Form I-129 (Petition for a Nonimmigrant Worker) and providing supporting documentation, such as evidence of the qualifying relationship between the foreign company and the U.S. entity, as well as proof of the transferee’s eligibility.
Once USCIS approves the petition, the employee must apply for an L-1 visa at a U.S. consulate or embassy in their home country. This involves submitting additional forms and attending a visa interview. If the employee is already in the U.S., they may be able to apply for a change of status without needing to leave the country.
An experienced attorney could guide your company through the paperwork, assist in gathering the required documentation, and help ensure the application meets all necessary legal requirements.
The process of applying for an L-1 visa is both intricate and time-sensitive. Working with a good attorney could ensure your company’s application is completed correctly and efficiently, reducing the chances of delays or denial. An attorney will also assist in determining the most appropriate L-1 visa type for your specific needs, ensuring that your company can bring the right talent to the U.S. to further its business objectives.
If you are ready to begin the L-1 visa process, reach out to an attorney today at Klug Law. Our guidance could be invaluable in securing a successful intra-company transfer.
