1.
The General Advantages of L1
Visa
The L1 visa category offers several advantages over other types of work visas. No
annual limit exists on the number of visas issued, and L1 visa holders may
pursue permanent U.S. residency. Some L1 managers and executives may petition
for a U.S. Green Card without the need for Labor Certification.
While in L1 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
L1 visas available each year.
5) apply for
U.S. permanent residency (a “green card”) without jeopardizing your
L1 status;
6) not
need education degree for L1 eligibility, because
an
applicant’s general educational qualifications are not relevant to this visa
category.
7) L1
dependents receive L2 status. L2 spouses may obtain
authorization to work in the United States in any type of employment.
2.
The Dual Intent, L1
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
L1 visa without negatively
affecting its status. In other words, the dual intent applies to L1 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 L1 Holder Can Work in U.S.
Spouses
and unmarried children of L1 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.
Until recently,
L2 aliens were permitted to attend school but were not able to seek employment. However, on January 16, 2002, President Bush signed H.R. 2278
into law. It provides work authorization to the spouses of L1 non-immigrants.
This eligibility is effective as of the date of enactment.
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 L1 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.
L1
visas are granted for up to three year periods and are renewable, except L1 visas to open a new office in the United States are only granted for an initial
one year term. Executives and
managers are granted L1A status, and may remain in the United States for up to
seven years. Employees with specialized knowledge are given L1B visas,
and may stay in the U.S. for up to five years.
L1A status is granted initially for three years with two extensions of two years each being permitted.
L1B 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 L1A and five years in the case of L1B, 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 L1 Visa Status
For
the limitations of L1 visa status, while in L1 visa status, you may:
1)
work only for the employer who filed your L1 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 L1A status), or five years if you are a specialized knowledge employee (in
L1B status).
6.
The Processing Time
Processing
times for L1 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