How Do I Apply For the L-1 Visa?

Posted on March 26, 2010. Filed under: Immigration | Tags: , , , , |

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The L-1 visa is one of the very useful US work visa available which allows international organizations to bring their foreign employees inside the United States. The foreign employee may be admitted to the United States in L-1 visa status until the US employer requires the worker to be in the United States, its up to a maximum period of three years stay. Later the foreign employee can file for an extension of the L-1 visa.
If an foreign employee to enter United States on a US work visa, if on L-1 visa particularly then he needs to meet the basic requirements which makes him to be eligible to enter US on a L-1 visa.
• The foreign employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years.
• The foreign employee to be transferred on US work visa, L-1 visa, must have been employed abroad in an executive or managerial position or a position involving specialized knowledge.
• The foreign employee must be coming to US on a US work visa, L-1 visa to work in a executive, managerial or specialized knowledge capacity.
• The foreign employee coming on US work visa, L-1 visa must depart the United States once his authorized stay expires.

The US company filing the US work visa, L-1 visa petition must also satisfy the requirements to be a qualified organization.
• The overseas company must be related to the U.S. company in a specific manner. The foreign company for which the employee has worked must be the same employer or subsidiary or affiliate or a parent company.
• The US company must be doing business in the United States and one other country during the transfer.

Application process for US work visa, L-1 visa:
The U.S. employer should file the petition with USCIS. The petition should be made on Form I-129 and the L Supplement, should include the company’s letter supporting the petition, and documents supporting the petition along with the filing fee.
A separate form need not be filed for family members of the principal beneficiary. When the petition is approved, however they will need to file separate application at the consulate to obtain visa entry.
USCIS approves the petition the foreign national is eligible for a transfer in to the United States on L-1 visa. Upon approving the petition, the approved petition is sent to a U.S. consulate where the foreign national can obtain L- Visa to enter the United States. If the foreign national is already in the United States in a different non-immigrant category then he or she can change the status. The change of status is incorporated along with the L-1 petition and a separate form is not required.
An foreign employee on L-1 status is authorized to stay for a maximum of 3 years after that he can extend his/her L -1 extension. The extension can be for another 2 years. The total period of stay may reach seven years for L-1 A managers and executives and five years for L-1 B specialized knowledge personnel.


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