L1 Visa :

                        ALIEN’S ELIGIBITY

                        ORGANIZATIONAL ELIGIBILITY

                        NEW OFFICE

                        BLANKET L1 PETITION

                        FILING

                        DEPENDENTS OF L1 BENEFICIARY

Alien’s Eligibility :

L1 visa is a non-immigrant (temporary) visa and is available to an alien to transfer him/her to work in the US for an employer for whom (or whose parent / subsidiary / affiliate) he/she has worked abroad for 1 continuous year within the past 3 years as a manager/executive or specialized knowledge staff capacity.

Manager / executive :

Manager / executive is one who has supervisory responsibility for professional staff and/or for a key function, department or sub-division. Managers / executives plan, organize, direct and control an organization’s major functions and work through other employees to achieve the organization’s goals.

Specialized knowledge worker :

This includes a person having knowledge of the company’s products/services, research, systems, proprietary techniques, management or procedures. Knowledge widely held or related to common practices or techniques and readily available in the US job market is not specialized for the purposes of the L1 visa.

Manager/executive is issued an L1A visa while Specialized knowledge staff is issued L1B visa which is initially valid for 3 years and can be subsequently renewed for 2 years at a time. The total period of stay is limited to 5 years for specialized knowledge workers & 7 year for managers / executives.

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Organizational eligibility :

Any type of business whether it be a corporation, partnership, non-profit organization or a government-owned entity can sponsor an L1 visa. The sponsoring US organization must be a parent or subsidiary or branch or affiliate of the foreign employer of the L1 beneficiary.

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New Office :

A manager / executive may come to the US as an L1 beneficiary for opening a new office provided that evidence is provided to show :

1. Acquisition of sufficient real estate to operate the new office;
2. Employment of the beneficiary in managerial / executive capacity for at least 1 continuous year in the 3 year period immediately preceding the filing of the petition;
3. The proposed employment in the US involves managerial / executive authority over the new operation; and
4. Within 1 year of the approval of the petition, the proposed US operation will support an executive or managerial position, supported by information regarding :

1. the nature of the proposed office alongwith description of the scope of the entity, it’s organizational structure & it’s financial goals;

2. Size of the US investment;
3. Financial ability of the foreign entity to remunerate the beneficiary and to commence doing business in the US; and
4. Organizational structure of the foreign entity.

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Blanket L1 petition :

Certain qualifying US organizations are permitted to include any number of qualifying foreign parents, subsidiaries, affiliates or branch offices in a blanket petition. Once a blanket petition is approved the processing times for L1 visas are considerably reduced as the employer is not required to prove it’s eligibility every time. It is only the employee who is required to prove his/her eligibility at the relevant US consulate abroad.

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Filing process :

Generally the procedure for procurement of an L1 visa would involve filing of the following documents :

1. Form G-28 if represented by an attorney;
2. Form I-129 & L Supplement;
3. Filing fee of $ 190;
4. Fraud detection and prevention fee of $ 500, if applicable;
5. Form I-907 & filing fee of $ 1000 (optional);
6. US employer’s letter with required details about the nature of the business, position to be filled by the alien’ alien’s qualification & terms of employment etc.;
7. Letter from the qualifying foreign organization giving details of the alien’s employment dates, job duties, qualifications & salary;
8. Documentation demonstrating that the US operation is a “qualifying organization”.

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Dependants of L1 beneficiaries :

The spouse and dependent minors of an L1 beneficiary may receive an L2 visa. The spouse of an L1 beneficiary may upon arrival in the US also apply for EAD.

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