L-1 Visas (Intra Company Transfers)

L-1 visas are an excellent opportunity for businesses to either expand into the US market or to transfer employees to a US division on a periodic basis or for an extended duration of time. This visa category applies to businesses of all sizes and types. There are three initial requirements for an L-1 visa application: (1) the employee must have been employed outside of the US for at least one year in the past three; (2) the employee must have worked as an executive/senior manager (L-1A), or specialized knowledge worker (L-1B); and (3) the employee is being transferred to either a US new office or parent, branch, subsidiary, or affiliate of his/her employer.

How To Ensure You Qualify For L-1 Visa

It is important to thoroughly evaluate you situation to determine if the L-1 visa is the appropriate choice. The three factors described above are rigorously defined and applied by US Citizenship and Immigration Services, so every application must be meticulously prepared and presented. A consultation with one of the Bomza Law Group’s lawyers will help you determine eligibility and to devise the most effective L-1 visa strategy.

The Benefits of the L-1 Visa

There are many benefits to the L-1A/B category. Canadian Citizens are allowed to present their L-1 application directly to a US port of entry or pre-clearance facility. The application will be decided by the officer while the applicant waits. Additionally, L-1A visas (executives/senior managers) are valid for up to seven years, and L-1B (specialized knowledge workers) are eligible for up to five years. Employees entering to open a new office are only eligible for an initial visa of one year.

One of the greatest advantages of the L-1A visa is the employee’s ability to file for a Green Card. Many times, a person who qualifies as an L-1A intra-company transferee employee is more likely to also qualify for permanent residence to the United States as a multi-national manager under the EB-1 class. This means that there is no Labor Certification requirement.