Marcela C. Rodríguez Esq.
Immigration Attorney Miami
The L-1 work visa
The L-1 Work Visa: Quick and practical solution for qualifying companies.
A visa widely used by Latin Americans is the L-1 visa. This visa allows the transfer of the worker of a foreign company to a subsidiary company of the first in the United States in a managerial / executive position or specialized knowledge.
The requirements for this visa are that the future employee must have been employed abroad by a subsidiary company, affiliate, subsidiary, or branch of the Company requesting the worker in the United States, for a period of one continuous year during the three Years immediately preceding the date of the request. The position also had to be managerial / executive or specialized knowledge.
The important thing in this visa is to determine if the relationship between the two companies, the foreign one and the one constituted in the United States, qualifies to request an employee under the L-1. It is not necessary that the companies are of the same field or branch, the essential thing is that there is effective control of one over the other. Among the factors that may help to establish if the relationship between companies empowers the presentation of an L-1 visa are:
1. Majority of shares in both companies under the same person (natural or legal)
2. The same name
3. Sharing or transferring personnel from one company to another on a regular basis
4. Joint Directors
5. Sharing technological or financial resources
6. Size and recognition of companies.
Immigration usually awards this status in two or three months (although it may be delayed due to persistent and continuous workload). It can be requested the Premium Process that for the payment of a greater rate offers a response in 15 calendar days. After approval, the employee must approach the United States consulate in their country to seal their L-1 visa in the passport.
If the employee is in the United States under a valid immigration status other than L-1, a change of status must be filed in conjunction with the employer's request for L-1. After the approval of both, the employee must necessarily have his visa stamped in the United States consulate in his country.
The L-1 Visa is generally approved for an initial period of 3 years, unless the company in the United States is considered a start-up business, in which case the L-1 visa will be issued for a period of one year. The L-1A (managerial / executive) visa can be extended for up to 7 years; The L-1B visa (specialized knowledge) can be extended for a total period of five years.
The employer is not required to retain the employee for seven or five years. The employer / employee contractual relationship is free and can be terminated at any time by the will of either party or as stipulated in the private contract between both parties. If the contractual relationship ends, the L-1 visa also ends. But if the contractual relationship lasts for seven or five years, the employee must remain outside the United States for 1 year to be eligible to apply for a new L-1 visa.
Dependents of the L-1 individual are their spouse and minor children, who will have an L-2 visa, which will allow them to study in the United States without having to change status to a student. It also allows the L-2 (spouse) to work in the United States. Consult with an Immigration lawyer to receive legal advice on your particular case.
NOTE: For more information consult our immigration lawyers in Miami, FL (786) -347-6474; Or Charlotte, NC (704) -469-6746.