GENERAL DESCRIPTION

The L-1 visa is a path for a foreign company to send an employee to work for a U.S. affiliate, subdivision or subsidiary of the foreign company. The employee has to be employed by the foreign company for at least one year out of the three years preceding to filing for an L-1 visa.

The L-1 visa does not guarantee a permanent residency (green card), but may simplify the EB-1C process in certain cases.

There are two subcategories of  L-1 visa: L-1A for managers and executives and L-1B – for specialized knowledge employees.

NOTES:

• L-1A visa does not require a labor certification of the US Department of Labor. 
• L-1B visa requires a labor certification. Labor certification is a burdensome and time-consuming process of receiving a prior approval for the position from the US Department of Labor. 
• L-1 visa does not impose a restriction on seeking permanent residence (green card) in the future.
• There is no annual quota for this type of visa.
• Relatively quick processing time (3-5 months). With the premium processing – 15 days to receive a response from USCIS followed by the consular processing. 
• There is no requirement to demonstrate that the employee intends to return to the home country. 
• L-1A visa is initially issued for up to three years maximum, and can be extended upon expiration by increments of two years up to seven years in total. L-1 can be issued for only up one year for a newly established US company.   
• L-1B visa is initially issued for up to three years and can be extended upon expiration by increments of two years up to five years total.
• Family members (spouse and children under 21 year old) can obtain L-2 visa based on the approved I-129 (Petition for a Nonimmigrant Worker) for L-1 visa. The spouse can apply for a work authorization in the US, and children can study in the US.

REQUIRED DOCUMENTS

• Petition I-129 on behalf of your employer (US Company). Form I-907 for the premium processing. 
• Business plan, job description in the US company, description of the L-1 visa employee’s qualification, skills and education required for the position, financial projections, job creation projections and evidence of necessity of the employee for the U.S. company operation.
• The US company: certificate  of formation or similar document, EIN – Employer ID Number, lease agreement, commercial agreements showing that the business is ready to be operated, audit reports, description of the operations, tax documents, bank statements, commercial agreements, bank guarantees, the company’s letterhead, photographs of the office and office plan.
• The foreign company: certificate of formation or similar document, operational agreement (charter), tax returns for the last 3 years, accounting reports for the last 3 years, bank statements, photographs of the office, office plan, organizational charts and description of the subordinates jobs, descriptions of the employee’s position in the foreign company confirming that he/she performed managerial and executive functions, and other documents, documents from the state authorities, documents evidencing the number of employees, publication materials about the company’s operation, commercial agreements, bank statements, bank guarantees.
• The employee: CV, diplomas, evidence of  the salary from the foreign company, and other documents demonstrating the qualification of the employee.
• Other documents according to the USCIS instructions.

Small businesses may face difficulties with transfer of their employees to the US due to the requirement to demonstrate that the employee performed managerial or executive functions in the foreign company, and therefore, it must be demonstrated that the employee had sufficient number of subordinates and the business size was sufficient to perform managerial or executive functions. 

PROCEDURE

• A US company must be registered (formed), the formation & operational documents must be carefully prepared, tax ID obtained and bank account opened before the filing.  
• Attorney and client gather and prepare the supporting documentation and I-129 petition. 
• Petition I-129 and supporting documentation are submitted by attorney to USCIS by mail.
• USCIS can respond by approval, request for evidence or send an intent to deny. 
• Additional documents are provided if requested by USCIS.
• Once USCIS approved the I-129, the employee may file DS-160 with a local US embassy / consulate. 
• An interview will be scheduled by the consulate. The employee must bring a complete L-1 filing package to the interview, and will be informed about the decision at the interview. 
• Once the L-1 visa is issued, the employee may enter the US and start working for the US company. 
• If the employee is in the U.S., it might be possible to apply for a change of status to an L-1. Please consult an immigration attorney to  find out if it is possible in your case.

OUR LEGAL SERVICES

• Consult on all aspects of L-1 visa process. 
• Assist with preparation of supporting documents. 
• Assist with forming a US company and obtaining required documents. 
• Submit I-129 petition to USCIS, receive correspondence from USCIS on your behalf and communicate with USCIS about your case.
• Assist with preparation of required documents for consulate submission including DS-160.  
• Prepare the employee for the consulate interview.  

STATE AND ATTORNEY FEES

• Attorney Fee: we determine the legal fee only upon careful consideration of all individual facts and documents. 
• State Fee: a filing fee is required to submit I-129; if you wish to use the premium processing an additional fee would be required along with submission of Form I-907 ; DS-160 is required for consular processing.