Understanding the L-1 Visa:

An L-1 visa is a temporary visa category specifically designed for intra-company transfers within multinational entities. It allows the relocation of personnel who hold managerial positions or possess specialized knowledge, enabling them to contribute effectively to the U.S. branch, subsidiary, or affiliate of the multinational company.

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What Defines a 'Multinational' Company?

For L-1 visa purposes, a multinational company is defined as an entity with a qualifying relationship between a foreign company and a U.S. company. This typically includes:

• Parent and subsidiary relationships

• Branch offices

• Affiliates with common majority ownership

• Affiliates with equal minority ownership (mirror image stock structure)

 

Who Qualifies for an L-1 Visa?

Qualified employees for an L-1 visa fall into two main categories:

• L-1A: This category covers executives and managers. Executives are those who direct the management of the entire company or a major component or function. Managers supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization.

• L-1B: This category covers employees with specialized knowledge. These individuals possess specialized knowledge of the company's products, services, research, equipment, techniques, management, or other interests and its application in international markets. They may also have an advanced level of knowledge or expertise in the organization's processes and procedures.

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Benefits of an L-1 Visa:

• Initial stay of up to three years with extensions possible in two-year increments, up to a maximum of seven years.

• Dependent spouses and minor children (under 21 years) may accompany the visa holder to the U.S. and apply for work authorization.

• "Dual intent" is recognized, allowing for a potential path to permanent residency later in the process, without jeopardizing L-1 status.

• Fast processing times are possible, with the option of expedited service leading to visa issuance within 15 days.

• No minimum investment requirement exists; the focus is on the bona fide operation of the U.S. entity.

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Common Uses of the L-1 Visa:

• New Offices: Facilitating the transfer of key employees to establish and grow a new office or branch in the U.S.

• Business Expansion: Moving essential personnel to U.S. offices to support and expand the business activities of a foreign entity within the corporate group.

• Mergers and Acquisitions: In the event of a merger or acquisition, transferring employees to integrate and assimilate operations and cultures across borders.

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Disclaimer: This information is intended for general purposes only and does not constitute legal advice. For specific questions about the L-1 visa, please consult with a qualified immigration attorney.