1.
The General Advantages of L-1 Visa
The L-1 visa category offers several advantages over other types of work visas. No
annual limit exists on the number of visas issued, and L-1 visa holders may
pursue permanent U.S. residency. Some L-1 managers and executives may petition
for a U.S. Green Card without the need for Labor Certification.
While in L-1 visa status, you may:
1) live in the United States and work legally for a U.S. company that is a parent, branch, subsidiary, or affiliate of the company that employed you abroad;
2)
travel within and outside of the United States;
3)
obtain visas for your spouse, and for your children who are under 21 years old;
4) need no annual quota on the number of
L-1 visas available each year.
5) apply for
U.S. permanent residency (a “green card”) without jeopardizing your
L-1 status;
6) not
need education degree for L-1 eligibility, because
an
applicant’s general educational qualifications are not relevant to this visa
category.
7) L-1
dependents receive L2 status. L2 spouses may obtain
authorization to work in the United States in any type of employment.
2.
The Dual Intent, L-1
Holder
May Pursue U.S. Permanent Residency
Generally,
the alien must intend to depart the United States when
his/her stay is over. However, the alien may pursue permanent residency while holding an
L-1 visa without negatively
affecting its status. In other words, the dual intent applies to L-1 visas, just as for H-1B visas.
Unlike
the H-1B visa, employers are not required to show that the employee meets the
“prevailing wage” of similarly employed U.S. workers. Income in the United
States must only be sufficient to prevent the employee from requiring public
assistance.
3.
The Spouse
of L-1 Holder Can Work in U.S.
Spouses
and unmarried children of L-1 workers may receive L2 status. The immigration
law allows spouse to obtain work authorization in the United
States, and dependents may study at U.S. schools and universities.
On January 16, 2002, President Bush signed H.R. 2278
into law. It provides work authorization to the spouses of L-1 non-immigrants. The USCIS explained that the spouse must obtain an employment authorization
(EAD) by filing Form I-765 with the required fee and evidence of his or her relationship to the principal alien before being permitted to work.
4.
Length
of Stay of
an L-1 Visa
The
alien may obtain an extension of stay. The total period of stay may not exceed five years for aliens employed in a
specialized knowledge capacity. The total period of stay for an alien employed
in a managerial or executive capacity may not exceed seven years.
L-1
visas are granted for up to three year periods and are renewable, except L-1 visas to open a new office in the United States are only granted for an initial
one year term. Executives and
managers are granted L-1A status, and may remain in the United States for up to
seven years. Employees with specialized knowledge are given L-1B visas,
and may stay in the U.S. for up to five years.
L-1A status is granted initially for three years with two extensions of two years each being permitted.
L-1B status is granted initially for three years with only one extension of two years being permitted.
After a stay of seven years in the case of L-1A and five years in the case of L-1B, the foreign worker must live outside the United States for one year, before becoming eligible for L status again.
An
alien who has spent five years in the United States in a specialized knowledge
capacity or seven years in the United States in a managerial or executive
capacity may not be readmitted to the United States as an intracompany
transferee or in H-1status, unless the alien has resided and been physically
present outside the United States for the immediate prior year, except for brief
visits for business or pleasure.
5.
The Limitations of L-1 Visa Status
For
the limitations of L-1 visa status, while in L-1 visa status, you may:
1)
work only for the employer who filed your L-1 petition;
2)
receive visa approval for a three year term;
3)
extend your stay for up to seven years if you are a manager or executive (in L-1A status), or five years if you are a specialized knowledge employee (in
L-1B status).
6.
The Processing Time
Processing
times for L-1 petitions depend on the USCIS Service Center's case load, which can vary
greatly over time. The processing times are estimated by all of the
Service Centers, but those are just estimates. Because it can take some
time for your case to be adjudicated, you want to make sure that your case is
carefully prepared before filing.
© Green Card Apply Service