What is an L1-Visa

An L-1 visa allows a company to transfer managers and executives to its affiliate in the United States (U.S.) for up to a maximum initial period of stay of three years and may be extended to a total of 7 years. Dependants ( spouses and children under the age of 21) may receive an L-2 visa and may go to school in the U.S. but may not work in the U.S unless they independently qualify for a visa that allows for employment. The L-1 visa is one of only tow non immigrant visas that allow the holder to apply for permanent residency status (a Green Card) without violating the terms of the visa. If the company is opening a new office in the U.S, the beneficiary receives a temporary L-1 visa for one year which may be extended after a review of the new office by the INS.

Recently, the U.S State Department has revised the directions to consular officers to state that an L-1 visa MAY be given when the alien will make brief and infrequent trips to the U.S to oversee a U.S. Operation. The L visa applicant must be employed by the U.S. company on a full-time basis but the alien does NOT have to be engaged on a full-time basis in the U.S and may divide work between the U.S and another country. As a result, alien who is principally employed out of the U.S and resides out of the U.S may receive an L visa for the purpose of coming to work on a short-tern basis. For example, an alien employed in India may receive an L visa for the purpose of coming to the U.S for one or two week intervals every several months, provided that the work is of L caliber. The key issue in these cases is whether the alien’s principal purpose while in the U.S. is consistent with L status, not the amount of time spent in the U.S.

The Company is always the petitioner or sponsor of the Visa and the beneficiary can be partner, Director, manager and any Executive of the Company, actively involved in day to day management of the business. What it means is that a Company may sponsor a Manager or n Executive working in his company, for managing the business in US provided he is carrying out the responsibilities as a Manager or Executive with decision making powers and authority. Such Manager or Executive could even be his son or any other relative or other employee who can be proved to be in the Company’s Employment