Q. What is L1 Visa
The United States L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the US operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.
Companies operating in the US for at least one year, may apply to the relevant INS service center for an L1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L1 visa for up to three years.
Q. Can my company make L1 visa applications?
Any organization which is 'doing business' (i.e. has more than simply an agent or representative presence) in the United States can sponsor an L1 visa, provided that the candidate qualifies in either L1A or L1B category, and that the sponsoring organization continues to carries on doing business outside the United States for the duration of the worker's L1 status. There is no restriction on the types of business that can sponsor an L1 visa - corporations, partnerships, government-owned entities and non-profit organizations are all eligible. Nor is it a requirement that the sponsoring organization be United States-owned or incorporated. It is, however, a requirement that there is some equity or ownership link between the transferor organization and the transferee organization in the United States.
Qualifying criteria:-
In order to sponsor an application for an L1 visa:-
A foreign parent must own at least 50% of a US subsidiary, and have veto powers over the subsidiary's actions
A US parent must own must own at least 50% of the foreign subsidiary, and have veto powers over the subsidiary's actions
Affiliate US and foreign companies must each be at least 50% owned by the same ultimate parent
A US organization with a branch office abroad qualifies, as does a foreign organization with a US branch (though this must be more than simply an agent or representative)
A US organization which employs e.g. sales personnel overseas can sponsor such employees for L1's even if there is no non-US office.
Note that the ownership requirements are not as strict in the case of vary large corporations, where a substantial minority shareholding will be a qualifying relationship. Does the candidate qualify for an L1 visa? All L1 employees must have been employed by the company outside of the USA for at least one of the three years preceding the transfer. It does not matter if the worker was directly employed by the sponsor, or paid through an agency or personal service company, or even on a freelance basis, provided the sponsor had management and control over the worker during the qualifying year.
The employee must have been employed during the qualifying year as an executive, manager, or specialized knowledge worker, though it permissible for a specialized knowledge worker to come to the United States as a Manager or Executive, and for a manager or executive to come as a specialized knowledge worker, provided the US operation has been doing business for at least one year.
As noted previously, the 'standard of proof' for managers and executives is quite strict - they must generally supervise other professional or managerial staff and/or direct and control the day-to-day operations of a significant function, unit or subdivision of the employer. Specialized knowledge workers, however, qualify relatively easily - any employee with familiarity with the employer's specific products, procedures or methods may qualify.
Q. Is there any limit on the number of L1 visas available in a year?
A. No.
Q. Can spouses and children of L1 visa-holders work in the USA?
A. Dependants are issued L2 visas, which are not employment authorised. In order to engage in employment, L2 visa-holders would have to change or adjust status to another employment-authorised category. L-2 holders can engage in study.
Q. Can I move L1 employees to different sites around the US?
A. Yes provided they remain under your management and control.
Q. How long does it take to get an L1?
A. Usually 1-2 months for a normal L1, 1-10 working days for an L1 covered by a blanket approval.
Q. Can the alien come to the USA on a visitor visa or visa-waiver while the L1 petition is being processed?
A. This is possible but not advisable, and under no accounts should the alien risk putting in jeopardy the issue of an L1 visa by engaging in anything that might be construed as work, as this may lead to the alien being accused of visa-fraud either on entry to the US with a visitor visa/visa-waiver or when applying for an L1 visa at the US consulate in their own country.
Q. Can L1 employees work part-time?
A. Yes.
Q. Is there a requirement that I pay L1 workers the 'prevailing wage'?
A. No, but paying L1 workers significantly below the prevailing wage and/or the wages of your US resident staff is likely to result in the INS viewing your petition unfavourably and may also result in investigations by the INS or Department of Labor.
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