Pursue Employment Opportunities in the U.S. with an L-1 Visa

The L-1 Visa is one of the most popular and versatile nonimmigrant visas for foreign nationals seeking to do business in the United States. On average, over 80 percent of L-1 Visa applicants are approved by the U.S. Citizenship and Immigration Services (USCIS), the federal agency responsible for administering visas. However, figuring out how to get to that final step, or whether you even meet the many criteria to qualify, is a different story.

The L-1 Visa allows employees of a company with both American and foreign offices to relocate and work in the U.S. It is ideal for foreign entrepreneurs seeking to establish or expand their business into the U.S., and for foreign investors who want to use their current or future company as a vehicle for investing in lucrative Florida real estate. Both the employee and their employer must meet certain qualifications:

The employer must have a “qualifying” relationship with a foreign company — either as a parent company, branch, subsidiary, or affiliate — and must either currently or eventually do business in the U.S., at least for the duration of the applicant’s time in the county. The employer must complete Form I-129 “Petition for a Nonimmigrant Worker”, pay the associated filing fee, and submit documentation proving the employee’s status within the company and detailing the relationship between the foreign employer and its U.S. office (whether current or to be established).

The employee must have been working for the employer, or one of their qualifying organizations (e.g., branch, subsidiary, etc.), for at least one continuous year within three years of applying for the visa. The employee must also be entering the U.S. for the purpose of providing a service to the business, whether as an executive, manager, or a person with specialized knowledge.

Moreover, if the primary purpose of the L-1 Visa is to send an employee to the U.S. to establish a new office, additional qualifications apply: the employer must have already secured an adequate physical space to house the new office, the employee must have been an executive or manager in the company for at least a year, and the U.S. office must demonstrably support an executive or managerial position within a year of the visa’s approval.

There are two types of L-1 Visas: L-1A, for executives and managers, and L-1B, for workers with “specialized knowledge”, such as expertise about the company’s goods, services, equipment, operational strategy, and so on. L-1A status is valid for up to seven years, while the L-1B lasts up to five years. In some instances, an L-1A visa can be the stepping stone towards an immigrant visa (where you can then be eligible to apply for a Green Card).

As for the spouses or children of an L-1 Visa applicant, they can be issued an L-2 Visa, a nonimmigrant visa specifically designed for dependents of the L-1 Visa holders who are under 21 years of age. Spouses are permitted to work, while children are not allowed to work but can attend school.

The qualified and experienced attorneys at Jurado & Farshchian, P.L. can help you determine whether the L-1 Visa is ideal for your particular goals and business aspirations in the U.S. Our attorneys have a deep background in real estate, immigration, and business legal services, allowing them to offer informed and comprehensive counsel on which visas are best suited for you and your company. They are also very familiar with the procedures and preparations that the visa application entails, and can assist in making the process as cost effective and short as possible.