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The L visa is a non-immigrant work visa allowing foreign nationals to work in the U.S. for a U.S. organization with legal connection to their foreign employer. Moreover, the L visa is an important tool for companies that must transfer key team members to the United States. Specifically, the L visa is divided into two classifications: L-1A and L-1B.
Advantages of an L Visa
The L visa has several advantages, including the following:
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Provides Foreign Nationals With Work Opportunities in The United States
The L visa allows foreign residents to work for a U.S. employer and acquire valuable work experience in the United States. It can benefit their job growth and lead to future job prospects in the United States.
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Streamlines Business Processes and Growth
By allowing multinational corporations to transfer key personnel to the United States of America, the L visa streamlines business operations and growth in the U.S. market. It, in turn, leads to job creation and economic expansion.
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Authorizes Multinational Companies to Transfer Key Personnel to the United States
Multinational corporations usually need to transfer managers, executives, and workers with specialized knowledge to the U.S. branch of their organization to establish or grow their presence there. The L visa allows these businesses to do so without going through the lengthy and complicated process of obtaining permanent residency for their employees.
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Supports United States Competitiveness
The L visa supports U.S. competitiveness by allowing U.S. businesses to access the talent and expertise of foreign nationals with experience working for their foreign employer. It can help U.S. companies to innovate and compete more effectively in the global marketplace.
How to Apply for an L Visa
The application process for obtaining an L visa is as follows:
- The companies in the United States must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the worker.
- The requisition must incorporate documentation to establish the employer's qualifying relationship between the U.S. and foreign entities and proof of the employee's qualifications for the L visa.
- If the visa petition is approved, the employee can apply for the L visa at a U.S. embassy or consulate in their home nation.
- The employee must appear for a personal interview and provide extra documentation, such as a passport, photographs, and evidence of associations with their home nation.
Eligibility Criteria for an L Visa
The L-1A visa is for managers and executives being repositioned to the U.S. Department of their enterprise. And to qualify for this visa, the worker must have worked for the foreign company for at least one continuous year within the previous three years in an executive or administrative position.
On the other hand, the L-1B visa is for technically proficient employees being moved to a U.S. branch of their company. Moreover, to get this visa, the employee must possess technical familiarity with the business's services, products, procedures, or procedures and have worked for the foreign employer for at least one year within the past three years.
To be eligible for an L visa, the applicant must meet the following criteria:
- The visa applicant must be hired by a multinational company with a qualifying association between its foreign and U.S. entities.
- The foreign company must have employed the applicant for at least one continuous year within the past three years.
- The applicant must exhibit that the intended work in the U.S. is temporary and that they will return to their home nation when the L visa lapses.
- The applicant must come to the United States to work in a managerial, executive, or technological knowledge capacity.
Key Terms for L Visa
- Multinational Company: A business that functions in more than one nation.
- L1A Visa: An L1 visa for administrators or executives transferred to a U.S. office of the same business.
- Intra-Company Transfer: The transfer of an employee from a foreign office of a multinational company to its U.S. office.
- L1B Visa: A type of L1 visa for employees with specialized knowledge being repositioned to a U.S. office of the same business.
- USCIS: United States Citizenship and Immigration Services is the government agency accountable for processing immigration applications, including L1 visas.
- Consular Processing: The process of applying for a visa at a U.S. consulate in a foreign country.
- Petition: A request filed by a U.S. employer on behalf of an employee seeking an L1 visa.
Final Thoughts on L Visa
To summarize, the L visa is a practical tool for multinational corporations that must transfer key personnel to the United States. By fulfilling the eligibility criteria and following the application process, employees can obtain an L visa and enjoy the advantages of working in the United States. Nevertheless, it is important to note that the L visa is a non-immigrant visa, and employees must demonstrate that their intended job in the United States is temporary.
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I am an experienced transactional attorney with substantial experience (10 years, including at a large national law firm and a public company) in the review/markup and drafting of a wide variety of commercial contracts. I am efficient and business-minded and am capable of taking an aggressive or more modest approach, depending on your preferences, leverage, and urgency. I look forward to working with you! https://www.linkedin.com/in/owenkirk/
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I am the Managing Partner of Adams Global Immigration, a Business Immigration Law firm focusing on nonimmigrant visa processing (H-1B, L-1, E-2, E-3, O-1, TN, etc.) and immigrant visa processing (EB-1, EB-2, EB-3, PERM, NIW, etc.). I have many years of business immigration experience, including legal work at Jackson and Hertogs, Fragomen, E&M Mayock, and as a Freelance Immigration Specialist. My specialization includes complicated Request for Evidence responses and high-volume nonimmigrant visa preparation. I can provide legal advice regarding employment visa preparation, unique international travel issues, and various other complex immigration matters. Prior to joining Jackson & Hertogs in 2018, I served as a Certified Law Clerk with the San Diego Public Defender office through Thomas Jefferson School of Law (TJSL). In this role, I argued over 40 hearings in state court for criminal juvenile matters, adult misdemeanors, and adult felonies. I subsequently joined the TJSL Removal Defense clinic, wherein I argued and won a full asylum trial in Federal Court for a Moroccan refugee fleeing severe LGBTQ persecution.
Steven W.
Attorney Steven Wax is ardent about helping his clients. Whether creating personalized estate plans, drafting and negotiating contracts or other legal matters. Steven’s goal is to assist and counsel his clients to protect them and their loved ones. Steven grew up on Long Island, New York. He attended the University of Massachusetts in Amherst earning a BS in Sport Management. He earned his paralegal certificate at Duke University and earned his Juris Doctorate from North Carolina Central University School of Law in Durham, NC. Steven has an extensive legal career in the life science sector, working for some of the world’s largest Contract Research Organizations since 2013. Steven has negotiated a broad range of contracts for both businesses and individuals. Steven participated in the NCCU Elder Law Project, where he prepared wills, durable powers of attorney, living wills, and health care powers of attorneys for low/fixed income clients in Durham and surrounding counties. Steven finds meaningful ways to share his skills and passion with his community. Steven volunteers his time to Wills for Heroes, which provides no-cost estate planning documents to first responders and their families, through the NC Bar Foundation.
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Jocelyne Uy graduated from law school in 2002 where she began her career in insurance defense where she practiced a wide range of issues relating to insurance policies and claims. Identifying a need for representation for those working cross border, Jocelyne understood the unique interplay of the laws of Canada and the U.S. and started her first firm in Michigan focusing on Canadian American immigration and tax law. Jocelyne and her partner realize that Nevada residents continuously face challenges in finding affordable and accessible representation to assist with their debt issues. Because of these challenges and continuous shifting economy, they are committed to assisting anyone who finds themselves struggling to handle the debt and credit cycle that often feels hopeless and endless. Jocelyne's firm has assisted clients in post-COVID financial crisis ranging from credit card debt, student loan debt, and COVID unemployment repayment hearings.
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