L1 Work Visas and Employee Transfers

An L1 visa allows U.S. employers to transfer employees living in foreign countries to work at a U.S. –based operation for up to seven years. Qualifying employees must work for a U.S. company’s branch office, subsidiary, affiliate or directly for the parent organization for one out of three consecutive years.

In order to obtain an L1 visa status, employers must first apply to the USCIS in order to transfer an employee from overseas to a U.S. location. An employer can request a visa for two types of employees:

Management and Executive Level Employees

Management or executive level employees usually hold a supervisory role within a department or division of an organization. Employers can request an L1A visa for three years and apply for a two year extensions periodically for up to a total of seven years.

Employers can also secure a visa for an employee with the intention of sending him/her to the U.S. to set up a new office. When doing so the following requirements must be met:

The physical location of the new office must be secured.
The employee requesting the visa must have held a management or executive position within the organization for at least one year in the three years prior to filing paper work.

The new office will support the applicant’s managerial/executive position within a year of applying for the visa.

Specialist Employee

Employers can also request a visa for employees with specialized knowledge of an organization’s products/services, systems, management, techniques and procedures. These individuals can qualify to receive an L1B visa for three years initially. This visa can be extended up to a total of five years.

Your spouse and any unmarried children under the age of 21 may also transfer with employees applying for an L1 visa. They will need to apply for L2 visas through the U.S. embassy. If your family is already living in the U.S. they can file for L2 status and remain in the U.S. If your spouse wants to work while living in the U.S., he or she can simply file a petition requesting authorization. Children with L2 status can not legally work in the U.S.

If you are suddenly fired or laid off, typically you will need to change your status in order to remain in the country. You can apply to stay in the country as a visitor, or find another position where the employer is willing to apply for a work visa on your behalf.

About the Author: Attorney Rizvi is a Houston immigration lawyer. She provides legal assistance in a variety a fields, including immigration & nationality law, wills & estate planning and business transactions. For more information please visit http://zkrlaw.com.