Who is eligible for the managers’ and executives’ US L-1 intracompany transfer visas?
The US L-1 intracompany transfer visa is a valuable option for moving and working in the US. Multinational Companies sometimes transfer their employees skilled in their respective areas to their US offices. The categories of employees who can benefit from this category are the executives, the managers, and those possessing exceptional skills. Before proceeding, we have to understand the eligibility for the L-1 visa. To understand the basics of this type of visa, keep reading as we explore and unravel the layers of the L-1 visa.
Types of L-1 visa:
The L-1 visa is issued to employees already working with the company in a different company. This means the employees are just being relocated to another office. The L-1 visa can be further classified into two categories:
L-1A: This sub-category is designed for a company’s Managers and Executive level employees. Managers are employees who can supervise and oversee the work of all departments, divisions, and sub-divisions and all employees. They are the ones who can handle the functioning of all these without any supervision. While executives are employees capable enough to make valuable decisions independently without much supervision.
L-1B: This sub-category is for employees other than the Managers and Executives who possess specialized knowledge in their respective fields.
1. General Requirements for L1 Visa:
For the employer:
The employer concerned must have his company, i.e., they must be doing business in the USA and another country.
The employer’s business must be feasible.
The intended U.S. office will support the managerial or executive position within a year of the petition’s approval.
For the employee:
The concerned employee must be employed with the same employer for at least one year in the 3 preceding years.
The employee must belong to either category of Managers or Executives or from a specialized field.
2. Application Procedure for L1 visa:
The application process begins by filing a petition with the USCIS (United States Citizenship and Immigration Services). Documents must show that the U.S. and the other company are related, i.e., the foreign parent company, subsidiary, affiliate, or branch, meet the threshold set forth by the authorities.
Upon receiving the approval notice from USCIS, the visa application can be made with the nearest consulate or U.S. embassy by paying the prescribed visa fee.
The processing time of an L-1 application depends upon the country from where the application is being made. It also considers the service center from where the application is being processed.
3. Benefits of L1 Visa:
Some pros of holding the L-1 visa are:
The authorization to live and work in the U.S.
Immediate relatives (spouses and children below 21 years) can accompany the primary L-1 visa holder under the L-2 visa category.
The L-2 visa holder spouse can obtain employment authorization, and their children are eligible to enroll in U.S. schools.
This L-1 visa acts as a dual intent visa, allowing them to obtain permanent residency through the green card program.
4. Visa Extension:
The L-1 visa can be extended as well. While the L-1A visa (for Managers and Executives) can be extended for a maximum period of 7 years. While the L-1B visa can be extended for a maximum period of 5 years.
The procedure for the L-1 visa extension is similar to the initial application for the said visa. The employer has to file for an extension.
5. When to apply for an extension in L1 Visa:
Typically, an extension application must be submitted while holding the L-1 status. The employer company can make the application as early as 6 months before the status expires. However, application can even be made 1 month before the expiry of the visa. The renewal request must reach the USCIS before the employee’s L-1 status expires.
