WORKING IN H-1B VISA STATUS L-1A VISA HOLDERS: Foreign nationals who have worked outside the United States for a parent, subsidiary, or affiliate of the U.S. company on a full-time basis for one continuous year out of the last three (3) years may qualify for L-1 classification. The principal purpose of an L-1 nonimmigrant’s stay must be to work for the approved U.S. employer. As long as this remains true, the foreign national may divide work between the United States and abroad.

PLANNING FOR L VISA

PLANNING FOR AN L VISA: The professional services of an experienced immigration attorney are strongly recommended for the L Intra-Company Transfer visa.

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L-1A AND L-1B VISA INTRA-COMPANY TRANSFER

The L visa is a nonimmigrant visa category designed for the intra-company transfer of employees of multi-national companies to the their branch office in the United States. The L visa is a nonimmigrant visa, giving the visa holder temporary work authorization. A simple example is the transfer of an employee from a company abroad to any office in the United States.

The transferee must either be a key executive/key manager (L-1A) or an employee who has specialized knowledge of the company (L-1B) and the transferee must have worked for the foreign office for one of the previous three years. The L-1A is valid for up to seven years and the L-1B is valid for up to five years. Once in the United States, an L-1B visa holder may change to an L-1A if his/her position changes.

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The L-1A visa is widely considered to be a necessary precursor to obtaining an EB-1(c) green card (Lawful Permanent Residence). However, it should be emphasized that, while similar, the L-1A and the EB-1(c) green card are not directly connected and one does not necessitate the other. The L-1A visa is a nonimmigrant visa, giving the visa holder only temporary work authorization. However, a parallel employment-based category for lawful permanent residence, the EB-1(c), allows this same group of aliens to apply for a green card.

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Congress created the L visa in 1970 to encourage international companies to transfer foreign talent and investment to the United States. These multinational businesses needed a quick and flexible method to transfer business personnel.

The spouse and children, under the age of 21, of the L visa holder may be granted L-2 visas. The L-2 spouse visa holder is permitted to work in the United States. However, the spouse will need to apply for their own work authorization. Once the spouse receives his or her work authorization card, the spouse needs to obtain a social security card. The work authorization card together with the social security card allows the spouse to work for any company he or she chooses. L-1A TRANSFEREES

Obtaining an approved L Petition can be challenging, and requires special knowledge especially when the company is small or just begining, so be prepared to provide extensive documentation to establish eligibility for the L visa.