L-1 Visa Frequently Asked Questions

No. The L1 visa is one of a trio of options for the foreign investor, the other two being the E2 visa and the EB5 Green Card.

It is different. I would consider it the brother of the E2 however. The requirements for both are very similar. The difference between the 2 is that the L1 has the requirement that you worked for the parent company for one year before applying; the E2 does not have that requirement. The L1 allows you to apply for a Green Card, whereas the E2 is meant to never have you apply for the Green Card, although there is one interesting exception (however you need to own a second company in another country).

Yes. In the past three years you must have worked for one year with the parent, branch, affiliate, or subsidiary of the US company that is filing the case for you (also called the petitioning company).  Watch our video for a full

Yes. It can be a religious company, a profit or a nonprofit firm.

Absolutely not. It must be fully active, and your position with that company must be an active one as well.

First of all, as with all visas, there is a temporariness requirement. Even though you can apply for a Green Card after you had your L1 visa for a year, you are not meant to enter the US in order to remain permanently (watch our video for a full explanation of this). Second, although you do not have to work full-time for this company in the US, in order to qualify for an L-1 visa, you need to spend a “significant portion of time”; otherwise, there is no need for you in the United States, if you understand the concept we are explaining. In order to win the case we need to show the company requires your services.

If you are coming to the US as an executive or manager (L1-A), then you must continue in that role; if you enter as a person with specialized knowledge (L-1B), the L1 requires that you continue in that capacity.

Yes you can. In fact, if you enter on an L1A, you can apply for a Green Card in as little as one year from when you enter on the L1A. The L1 is  what is called a dual intent visa, meaning you can remain in the United States on an L1 visa while ‘simultaneously’ applying for a Green Card; in fact, the beneficiary of the L1 does not have to keep a residence in their foreign country.

Do any other laws or regulations control the L1 visa?
Yes. At this time, Executive Order 13788, Buy American and Hire American, that took effect April 18^th of 2017, will affect the case. When deciding the L1 visa cases, the officer has to consider the spirit of the Executive Order, which is to create higher wages and employment rates for U.S. workers.

Good question; no, this requirement has to be satisfied by working outside of the country. There are some exceptions with respect to some of the time in the U.S. but they are very technical.

No, if you stay was permissible it will not interrupt it. The key to this one is that the companies must have had the qualifying relationship at the time, one cannot, for example, purchase or acquire the other at this time, it has to before the fact, not after.

Yes. Your own company is allowed to petition for you; you do not have to work for a large multinational. However, if your own company is petitioning (ie sponsoring) you, then you must demonstrate that your time in the US will be temporary and you will return when your job is done.

Yes, but you have to meet a number of strict requirements.

The organization can be an (a):  “organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.”

No, a simple majority will do.

That will not work. For an L1 visa the work of the employee and the control of the employee must be U.S. based.

In that case, you will have to send photographs of the physical premises, as well as other documentary proof such as the lease.

That will not work. The L1 visa is not at all meant to create self-employment, especially given the Executive Order mentioned above. Also, the foreign entity must be in full operation while the U.S. worker is in the U.S. on an L1 visa.

Not necessarily, but you will not be able to avoid the Labor Certification process as the L1A do under the Green Card category EB1. This takes substantially longer and will affect you in a number of ways.

The law states: (B) For purposes of section 1101(a)(15)(L) of this title, an alien is considered to be serving in a capacity involving specialized knowledge with respect to a company if the alien has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.

If you would like us to ascertain whether you qualify as a person with Specialized Knowledge for L1B purposes, call us at (619) 677-5727 and we can evaluate your personal facts for you.