The United States L1 visa is a non-immigrant visa which allows overseas companies to transfer employees under two types of L1 visa schemes. For L1 visa transfers of executives and managers including business owners for up to seven years there is the L1A visa, and for specialized knowledge employees the L1B visa allows entry for up to five years to a new or existing US office. To qualify for an L1 visa the employee, which can include business owners, must have worked for a subsidiary, parent, affiliate or branch office of the US company outside of the US for at least one year out of the last three years.
- No Quotas. Unlike some other visa categories there are no annual limits on the number of visas available to certain countries.
- Fast Processing Times. Average processing time is between 3-6 months. Premium Processing is also available by paying an additional fee of $2,500. With the premium processing, USCIS is required to respond with 15 business days.
- Family. L-1 Visa holders are permitted to take their spouses and dependent children with them to the United States on the L-2 visa.
- Work Authorization. Spouses are permitted to apply for work authorization once they enter the US to work for any US employer.
- Tax Advantages. The L-1 Visa is a non-immigrant visa, which means it does not offer permanent residency (Green Card). While Green Card holders may be taxed on worldwide income, non-immigrant visa holders are generally not. (You should still consult a tax professional if you want to make sure that you will not be considered a US tax resident)
- Transition to Green Card. It is possible to transition to a Green Card through the L-1A visa category. The criteria for L-1A is very similar with the criteria for EB-1C category for Multinational Managers or Executives, which makes it easier for L-1A visa holders to become permanent residents. The L-1 category is also considered a dual intent visa.
The L-1 Visa does not require and investment as part of the application. However, there must be an operating U.S. entity for the applicant to transfer to. For people seeking a New Office L-1 Visa, the U.S. entity must be set up in advance and there may be investment associated with this. It is important to demonstrate that the US company is sufficiently capitalized to support its operations and elevate the beneficiary to a managerial or executive position. Our team of corporate lawyers work closely with our immigration attorneys to ensure a smooth process.
