The L visa is designed to allow your multinational company to transfer vital employees from other countries to your office in the United States. This option is ideal for opening new branches, building subsidiaries, or simply relying on experienced workers to train your American workforce.
If you plan to sponsor an employee, an L visa lawyer could help. While this program could be invaluable for intracompany transfers, it is crucial to ensure the law is followed to the letter. Let a dedicated visa attorney advise you of your options.
There are two different types of L1 visas, and each of them serves a distinct purpose. The basic qualifications for either option are the same in that the worker must have spent at least one of the previous three years working for the company outside of the United States. This could be at a different branch or for an affiliate or parent organization.
The L-1A program is reserved for individuals working in the capacity of a manager or executive. There is flexibility when it comes to determining who will qualify, as there are no limits based on the number of workers managed. The distinction depends more on the type of workers the applicant oversees. While frontline or middle managers may not qualify, upper-level managers will. The nature of the job is more important than its title, as far as the federal government is concerned.
The L-1B visa is for non-executive employees with specialized knowledge of the company’s services, products, operations, equipment, or techniques. These individuals play a critical role in the organization despite their lack of executive status. An attorney could help your company determine the correct type of L visa for your employee transfer.
Federal law does not put the same limitations on this program compared to H-1B visas. There are no complications regarding minimum or prevailing wages. A company based in the U.S. can pay a worker’s salary, but there are also no limitations on these payments being made by a foreign parent or subsidiary business as well.
An employee can maintain their legal status for three years after approval. However, there are options for extending this period. Extensions will generally last for two years, and the number of extensions depends on the specific program. While an L-1A can be extended twice, L-1B professionals can only extend their visa once.
Unlike many employment-based visas, a labor certification is not always required for this visa program. Not having to meet that requirement is a blessing for companies transferring employees in from foreign offices, as it can be a time-consuming and effortful process.
Whether or not a business will need to seek certification from the Department of Labor depends on the type of position the foreign employer fills. For managers or executives, there is no need to secure a certificate. The same is not true for other professionals. A lawyer could determine whether a labor certification is necessary for your company’s L visa needs.
If international transfers factor into your company’s long-term plan, you could benefit from the support of an L-visa lawyer. The right legal counsel can help you avoid costly delays, allowing you to build and strengthen your global workforce.
Handling this process on your own is risky, and a single mistake could set you back weeks or months. Call right away to learn more.
