The L-1 Visa is designed for employees of companies that do business in both the United States and a foreign country.
The L-1 is highly desirable, as it is not subject to annual caps and the lottery system, like H-1B Visas.
The are 2 kinds of L-1 Visas: the L-1A and the L-1B.
The L-1A is for managers and executives. The L-1B is for specialized employees.
The requirements for an L-1 Visa are as follows:
Both the U.S. and foreign company must be owned by the same group of people in approximately the same proportions.
The other main requirement for the L-1 Visa is that the beneficiary must have been employed by the foreign company for at least 1 of the 3 years preceding the Visa petition.
This is a short list of common USCIS tactics used in denying L-1 Visa petitions:
Request specific evidence at the RFE stage and then disregard it in the decision
Consider only specific aspects of the evidence submitted, twisting its meaning;
Provide a generic denial that recites milestone AAO cases and burden of proof for a petitioner
Understanding L1 visa USA Requirements. L1 visa processing time
Understanding L-1 Requirements:
– Requirement 1 – The petitioning U.S. entity must have a qualifying relationship with your entity abroad.
– Requirement 2 – Sufficient physical space must be secured for a new office.
– Requirement 3 – A new office must be active and operating within one year after the L-1’s admission to the United States if requesting an extension of stay.
– Requirement 4 – After 1 year the new office must support a managerial or executive position if you are requesting an extension of stay in the L-1A classification.
This is what the L-1A Visa entails:
The L-1A Visa can be granted for an initial period of 3 years.
It can be renewed until the beneficiary accrues a period of stay of 7 years in the United States.
The L-1A classification allows dual intent and there is a direct path to permanent residency (Green Card) through the EB-1 Visa category.
In fact, owners of foreign businesses can obtain permanent status in the United States by expanding operations to the U.S.