L1 Visa Step-by-Step

L1 Visa Step-by-Step

An L1 visa allows foreign executives, managers and professionals with specialized knowledge to work in the U.S. if they are working for a non-U.S. company that has U.S. locations. The L1 visa allows these workers to move to the U.S. to work in the company’s U.S. location.

Qualifying for an L-1 Visa

There are two L1 visa classifications: L-1A for executives or managers and L-1B for professionals with specialized knowledge.

To qualify for an L-1 visa, you must have been employed by a non-U.S. company 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.

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, 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 a professional 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.

Required Documentation for L1 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.

If you are coming to the U.S. to open a new office for your offshore company, you will also need to submit evidence that you have sufficient physical space for the new office to do business. This should consist of:

• A signed lease agreement
• Proof of a real estate purchase if you buy commercial space
• Any materials that connect business activity with the space acquired, such as marketing or other business materials with the physical address
• A business plan or executive summary that shows how you plan to do business in the U.S. and the size of the investment in the U.S. operation

You must also demonstrate that the U.S. affiliate has the required corporate relationship to the foreign company. Proof of this relationship can include:

• Articles of incorporation, business licenses or other documents showing common ownership
• Annual reports that show the corporate structure
• Corporate filings in the U.S. or abroad that describe the corporate relationship

The attorneys at Jurado & Farshchian, P.L. can assist with your business immigration or residency issues. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.

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