L Visa: Transferring Employees to the US - L-1A (Managers) & L-1B (Specialized Knowledge)

The L visa provides a crucial pathway for multinational companies looking to transfer employees from their operations in a foreign country to their offices within the United States. This visa category is divided into two main types: the L-1A visa for managers and executives, and the L-1B visa for employees with specialized knowledge. Understanding the nuances of each is key for businesses seeking to expand their US presence.

L-1A Visa: For Managers and Executives

The L-1A visa is specifically designed for managers and executives within a multinational company. To qualify, the applicant must be coming to the U.S. to work in a managerial or executive capacity. This means they will be responsible for managing an organization, a major function, or a significant division of the company.

L-1B Visa: For Employees with Specialized Knowledge

The L-1B visa caters to employees who possess specialized knowledge of the company's products, services, research, equipment, techniques, management, or other interests. These individuals are being transferred to the U.S. to apply their unique expertise to the company's operations here.

Common Requirements for Both L-1A and L-1B Visas:

Regardless of whether you are applying for an L-1A or L-1B visa, certain requirements apply:

• Prior Employment: The beneficiary (applicant) must have been continuously employed by the international company for at least one of the three years immediately preceding the filing of the visa petition.

• Qualifying Relationship: There must be a qualifying relationship between the overseas company and the U.S. entity. This includes parent companies, branches, subsidiaries, or affiliates at the time the petition is filed.

Expanding Your Business to the US with the L Visa:

The L visa can be a powerful tool for foreign companies looking to expand into the United States. It allows for the transfer of key personnel, including founders and owners, to establish and operate a U.S. startup affiliate.

Benefits for L Visa Holders and Their Families:

Obtaining an L visa offers several advantages:

• Work in the U.S.: L visa holders can work for the sponsoring U.S. company in various roles and locations across the country.

• Dependent Visas (L-2): L visa holders can bring their spouse and unmarried children under 21 years old to the U.S. as dependents under the L-2 visa.

• Educational Opportunities: L-2 visa holders can attend public schools in the United States.

• Work Authorization for Spouses: Spouses of L-1 visa holders (holding an L-2 visa) are eligible to apply for work authorization in the U.S.

• Path to a Green Card: Both the L-1A and L-1B visas can provide a pathway to obtaining an employment-based green card (permanent residency) within the allowable periods of stay.

Duration and Extensions of L Visas:

• L-1A Visa: The initial approval for an L-1A visa is for up to three years. Extensions can be granted in two-year increments, with a maximum total stay of seven years.

• L-1B Visa: The initial approval for an L-1B visa is also for up to three years. However, extensions are limited to a maximum total stay of five years.

Considering an L Visa for Your Business Needs?

If you are exploring options for growing your business into the United States or believe that L visas might be the right solution for you or someone you know, we encourage you to reach out to schedule a free consultation to discuss your specific circumstances and how we can assist you with the process.