2 groups of L visa

 

L-1 group: covers the transferring employee

L-2 group: covers the spouse and minor, unmarried children who accompany the employee.

This category of visa is designed to facilitate the temporary transfer of key personnel for multinational companies with management training and specialized skills. L-1 visa petition may be filed by a U.S of foreign entity and no labor certification is required.

L-1 petitioners may have a dual intent meaning that may have a petition for permanent residence pending without that adversely affecting their nonimmigrant status. In additional L-1 company to maintain a foreign residence during their stay in the United States.

HOW TO APPLY

To apply for an L-1 visa, the employer must file a form I-129 either in the city where the services of the alien will be performed or where the petitioner is located. When this granted, the beneficiary must present the approval notice to the American consulate, which then has thirty days in which to approve or deny the visa.

 

Who is eligible for an L-1 Visa?

 

An L-1 visa may be given to an alien who has been employed continuously for one year in the three year period immediately preceding the time of application for admission to the United States by a firm or corporation or legal entity or affiliate or subsidiary. It is also given to an alien who seeks to enter the United States temporarily in order to continue to render services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive or involves specialized knowledge. The maximum stay for aliens possessing specialized knowledge is five years and for managers and executives, seven years or indefinitely if the stays are only intermittent or no more than six months a year in the aggregate. After such a stay is granted an alien remain outside the United States for one year in order to be readmitted later. In accordance to the bill from the house or senate passed in 2003 H.R 2154 prohibits the issuance of L visas where there is a contractor consultant relationship and requires employers to submit a statement to the DOL that no prohibited relationship exits in any petitions with specialized knowledge who will be stationed primary at the work site of an employer of an employer other than the petition. If an alien is benefiting from blanket L petitions for intracompany transferees must have one year of prior continuous employment. Most, importantly, a visa will not be issued if the alien will be controlled and supervised by an unaffiliated employer or if the alien`s placement is to provide labor for hire.