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Obtaining an L-1 visa is an effective and efficient means for executives, managers, and key workers to transfer among affiliated companies. To qualify for an L visa, a US company must show that:

  • It has a qualified relationship with the foreign entity such as an overseas branch office, incorporated subsidiary, overseas joint venture or affiliate. 
  • The US company must control the foreign entity, which typically is by owning at least 51% of the stock of the foreign entity.
  • The prospective transferee must have worked continuously for the foreign entity for at least one year of the last three years in an executive, managerial or key employee capacity.
  • The transferee must be qualified to assume the executive, managerial or key employee position in the US.
  • The foreign entity must continue to conduct business while the transferee is in the US.

Executive or managerial transferee workers (L-1A Visa holders) and their designated immediate family members may remain in the U.S. for a period of up to seven (7) years, key employees (L-1B Visa holders) for a maximum of 5 years. If the foreign entity is a new office that has not been active for more than one year), the initial L visa will be granted for 1 year. If the U.S. company is not a new office, then the initial period of stay will be 3 years.

The US company that has transferred the manager or executive from the foreign entity to the US may elect to convert the foreign national from an L-1A to a permanent US. resident. Permanent US. residence enables foreign nationals to continuously reside and work in the US as well as enter the US. freely.

Spouses and unmarried children under the age of 21 years of the L-1 visa holder employee are eligible for the L-2 visa so they can accompany the L-1 visa holder to the US.  Spouses may obtain work authorization once in the US whereas unmarried children can remain in the US legally and study but are not eligible for work authorization.

Contact Donald Gross Law for a free 30-minute consultation to start the application process for an L-1 visa.