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US Immigration > L1 Visa

L1 Visa

The L1 Visa was designed to facilitate the entry of key employees of overseas companies with ties to American corporations, providing the company and the employee are able to fulfil the basic requirements for the L1 Visa.

To qualify for this visa:
  • The employer (company) must be related to an American organisation as a subsidiary, affiliate or division;
  • The employee must have continuously worked for the company for at least 1 year in the past 3 years;
  • The employee must be employed as a manager, executive or person of specialised knowledge (as outlined below); and
  • Employees of newly formed companies, or a company which has been in business for less than 1 year, qualify if the company is able to establish proof of identity and a genuine business presence in America.

The L1 Visa is not exclusive to specific countries with which America has entered into a treaty agreement with; providing the specific visa qualifications are met, employees from companies worldwide are eligible for this visa.

In addition, the L-1A Visa holder may be eligible for permanent residency at a later date through the EB1 Visa category. This is the first preference category of visas in the preference system of visa allocation.

Manager (L-1A)
To qualify as a manager, you must:
  • Primarily manage the organisation, or department, subdivision, function or component of the organisation;
  • Primarily supervise and control the work of other supervisory, professional, or managerial employees, or manages an essential function within the organisation, or a department or subdivision of the organisation;
  • Have the authority to hire and fire or recommend staff for promotion; if no other employees are supervised, functions at a senior level within the organisational hierarchy or with respect to the function managed; and
  • Exercise discretion over the daily operations of which the employee has authority.
Executive (L-1A)
To qualify as an executive, you must:
  • Direct the management of the organisation or a major component or function;
  • Establish the goals and policies of the organisation, component, or function;
  • Exercise wide latitude in discretionary decision-making; and
  • Receive only general supervision or direction from higher level executives, the board of directors or stockholders of the organisation.
Person of Specialised Knowledge (L-1B)
To qualify as a person of specialised knowledge, you must:
  • Have special or unique knowledge of the petitioning organisation's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organisation's processes and procedures.
 

Company relationships must be well documented and obvious to the USCIS for the L1 Visa to be issued, as well as the petitioning company must continue to be a functioning organisation if the L1 Visa is to remain valid.

Other company relationships accepted under the terms of this visa include partnerships and sole proprietorships, given the basic requirements for visa eligibility are satisfied and accepted by the USCIS.

Duration

The duration of this visa is dependent on the qualifications of the key employee, with L-1A Visa holders (managers and executives) qualifying for a stay of 7 years and those with L-1B Visas (specialised knowledge) are eligible for a stay of 5 years.

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