New I-129 Form for L-1 Visa

New I-129 Form for L-1 Visa

An L-1 visa allows executives, managers and employees with specialized knowledge who work in an overseas company (that also has U.S. facilities) to move to the U.S. to work in the company’s U.S. location.

To qualify as an executive, you must:

• Direct the management of the company or a major division of the company;
• Determine the policies and goals of the company or a major division of the company;
• Have broad discretionary decision-making authority;
• Be supervised only by executives at a higher level, such as a Board of Directors or shareholders.

To qualify as a manager, you must:

• Manage the entire company or a subdivision, department or function of the company;
• Supervise and control the work of other supervisors or professionals, or manage a department, function or subdivision;
• Have decision-making authority over hiring and firing employees;
• Have decision-making authority over the daily operations of a department, subdivision or function.

To qualify as an employee with specialized knowledge, you must:

• Possess an in-depth understanding of the company and its products, services, processes and procedures that is not readily available in the U.S.;
• Possess truly specialized knowledge that is not widely held in the company’s industry.

A non-U.S. company must have employed you for at least one continuous year out of the past three years. The U.S. company where you will be working must be the parent company, branch, subsidiary, affiliate or joint venture partner of the non-U.S. company.

Required Documentation for L-1 Visa

All L-1 visa applications require the following documentation:

• New I-129 Form: The USCIS recently revised Form I-129, Petition for a Nonimmigrant Worker, and will no longer accept previous editions of this form. The new form has been reorganized and revised to help the USCIS process them more quickly.
• L Classification Supplement to I-129
• Letter from U.S. employer detailing job duties, applicant’s prior job experience and proof of specialized or managerial role in the U.S.

L-1 Visa Features

There are currently no limitations on the number of L-1 visas issued by the U.S. Citizenship & Immigration Services every year. Here are some additional key features of the L-1 visa:

• L-1 visa holders may work up to three years on the first visa, with extensions of two years available.
• Executives and managers may spend a maximum of seven years working in the U.S.; employees with specialized knowledge may work a maximum of five years.
• An L-1 visa holder’s spouse and children may obtain L-2 category visas to enter the U.S.
• An L-1 visa holder’s spouse can apply for work authorization in the U.S.
• An L-1 visa holder may apply for permanent residency without jeopardizing his or her L-1 visa status.

The North Miami attorneys at Jurado & Farshchian, P.L. are experienced professionals who can assist with your business immigration or residency issues, no matter where you live or work. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.

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