L-1 visa

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An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a nonimmigrant visa, and is valid for a relatively short amount of time - generally two years. L-1 visas are available to employees of an international company with offices in both a home country and the United States, or which intend to open a new office in the United States while maintaining their home country interests. The visa allows such foreign workers to relocate to the corporate's US office after having worked abroad for the company for at least one year prior to being granted L-1 status. The US office must be a parent company, child company, or sister company to the foreign company.

Spouses of L-1 visa holders are allowed to work, without restriction, in the US, and the L-1 visa may legally be used as a steppingstone to the Green Card under the doctrine of dual intent.

The L-1 visa has tended to attract less controversy in the popular press than its very contentious cousin, the H-1B visa. However, criticism has nevertheless been levelled that the L-1 visa allows foreign or multinational corporations to circumvent proper protections for US workers. For one thing, unlike with the H-1B visa, there is no requirement that the L-1 visa holder be paid a salary commensurate with that of US workers. For another, there is no limit on the number of L-1 visas that are granted annually. This has led to criticism that multinationals, especially consulting agencies, will hire a foreigner abroad for one year, and then transfer them to the US to work for US clients at a low salary as compared to US workers.

Contents

1 Types of L-1 Visas
2 Application Process
3 Renewals
4 External links

Types of L-1 Visas

The L-1 visa is divided into two subcategories: L-1A for executives and managers, and L-1B for workers with specialized knowledge. L-1A status is valid for up to seven years; L-1B status is good for up to five years.

There are two main types of L-1 visas:

Normal L-1 visas, which must be applied for and approved for each individual by the U.S. Citizenship and Immigration Services (USCIS),
Blanket L-1 visas which are available to larger and more complicated organizations.

For a normal L-1 visa, the company must file a petition with the USCIS. The petition contains a great deal of detail and is beyond the scope of this entry. Once an individual - and the company submitting the petition - have been screened, the applicant is issued form I-797 which grants an embassy authority to grant a visa.

In the case of a blanket visa, the company in question has already been screened themselves, so they only need to file a much more limited set of documents proving the applicant's qualifications. These documents must be taken by the applicant directly to the United States Embassy along with the company's form I-797 Blanket, so that they can be approved and granted a visa.

Application Process

After the approval of the I-797 form, the alien may apply at a consulate of the United States to obtain an L-1 visa.

An I-797, either regular or blanket however does not guarantee that a visa will be issued. The individual applicant must now attend an interview at a consulate and will be screened personally by a consular officer. For the most part, L-1 visas are approved if the individual is qualified and the company they are working for is legitimate. Unlike most classes of non-immigrant visas, L-1 applicants may not be denied by the basis that they are an intending immigrant to the United States or that they do not have a residence abroad which they do not intend to abandon. However in cases where the consular officer determines the company who filed the petition may not be qualified (for example if they do not intend to maintain their Non-US interests), that USCIS approved the petition based on a fraud committed by the company or visa applicant, or that the applicant is ineligible for a visa the consular officer may request that the petition be reconsidered by USCIS. Applicants may also be denied a visa if they are ineligible for the class of visa under section 212(a) of the Immigration and Naturalization Act.

Renewals

L-1 status may be renewed and extended within the United States, but the bearer may not enter the United States without a valid visa. A new petition must be filed, except in the case of L-1 Blankets. As with any visa interview, the applicant must appear in person before a consular officer.

External links

[Foreign Affairs Manual regulations on L-1 visas]

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