L1 Visas

Trusted Chicago L1 Visa Lawyers

Many industries require specialized knowledge. When a parent company needs to transfer specialized workers to a U.S. company's main office, the worker will usually start with an L1 visa.

SimVisa by Atom Law Group has extensive experience filing visa petitions for multinational companies. We help employers and workers located in Chicago and across the nation obtain the visas they need to work in the U.S.

Do your workers need L-1 visas to work in the U.S.? Contact us to speak to an L1 visa attorney.

What Is an L-1 Visa and What Is a Qualifying Relationship?

L-1 visas allow workers for a foreign company to enter the U.S. for an intracompany transfer. An intracompany transfer happens when the worker enters the U.S. to work for the same employer or a related U.S. company. A U.S. office has a qualifying relationship with the foreign company if it serves as a:

• Branch
• Affiliate
• Subsidiary
• Parent

A worker cannot apply for an L visa alone. The employer must file the application form and pay the USCIS filing fee on the worker's behalf.

What Is the Difference Between the L-1A and L-1B Visa?

The U.S. issues two types of L visas:

L-1A for an Executive or Managerial Position

An L-1A visa allows someone who is an executive or manager to enter the U.S. to serve as an executive or manager in the U.S. office.

L-1B for Workers with Specialized Knowledge

An L-1B visa allows a worker to enter the U.S. to provide the U.S. office with specialized knowledge about the company's:

• Products
• Services
• Equipment
• Research
• Management
• Techniques
• Other interests

Note that workers do not need to have advanced degrees. They need only advanced knowledge of processes and procedures.

Benefits of L1 Visa for You and Your Foreign Company

L1 visas provide many benefits, including:

• Lower training and recruitment costs since you can transfer experienced and trained workers from the parent company
• Institutional knowledge when opening a U.S. branch because you can transfer people in an executive or managerial capacity to open the newly established office
• Fast processing times and no quotas because these visas are considered temporary
• L-1 visa holders can bring spouses and dependent children by applying for an L-2 visa
• Spouses on an L-2 visa receive work authorization in the U.S.

One of the biggest benefits to workers who want to stay in the U.S. is that the L-1A visa category is eligible to convert to an EB1C visa. The L-1A visa is considered temporary because it cannot lead to a Green Card. But the EB1C visa does have a path to permanent residency for employees interested in remaining in the U.S.

L-1 Visa Requirements

The requirements depend on the type of L-1 visa you need.

To apply for an L-1A visa, you must:

• Have worked for a qualifying organization abroad for one full year within the past three years before applying
• Plan to act in an executive or managerial capacity for the same employer or a company with a qualifying relationship

To apply for an L-1B visa, you must:

• Have been working for a qualifying organization abroad for at least one year within the three years immediately preceding the application
• Seek to provide services in a specialized knowledge capacity to the same employer or its qualifying organizations

The goal of an immigration lawyer is to document clearly that the applicant meets these requirements so the L-1 visa gets granted without any delays.

L-1 Visa Process for the Parent Company

Since the L-1 visa is temporary, USCIS makes the application process relatively straightforward. The company starts the application process by filing Form I-129 with USCIS. This form will include supporting documentation to prove the company and worker meet the eligibility requirements for the L-1 visa.

The next step will depend on whether the worker is inside or outside the U.S. Workers already in the U.S. will apply for a change of status. Workers outside the U.S. will apply for visa processing at a U.S. consulate or embassy.

The USCIS will conduct an interview to verify the applicant's work history and role with the U.S. affiliate or subsidiary. This interview could include questions like:

• What is your job?
• How long have you worked for this company?
• Do you have employees who report to you?
• What will your responsibilities be with the U.S. branch, subsidiary, or affiliate?
• What kind of authority do you have in the company?
• What specialized knowledge do you have?
• Why do you need to travel to the U.S. to do your job?

After you pass the interview, USCIS will issue your L-1 visa.

What Is an L-1 Blanket Petition?

A blanket petition is available for employers who have previously obtained at least ten L-1 visas in the past twelve months. The company's U.S. entities must have at least $25 million in annual sales and they must employ at least 1,000 people in the U.S.

When a company meets all these requirements, its workers can apply for an L-1 visa at the U.S. embassy abroad instead of filing an application with USCIS. The worker must still satisfy all the qualifications to get the visa.

What Is the Duration of L-1A and L-1B Visas?

All L-1 visas begin with a term of three years. L-1A visas can be renewed for up to seven years and L-1B visas can be renewed for up to five years. If you run out of time on your L-1 visa, you must leave the U.S. for a full year. When you reapply, you will receive a new term of up to seven years for an L-1A or five years for an L-1B.

How Can Our Lawyers Help with L-1 Visas?

An immigration lawyer from SimVisa by Atom Law Group can guide both employers and employees through the L-1 process. We assist employers by analyzing their business relationships to ensure they have a qualifying organization in the U.S. We then advise them about their options for bringing valued employees to the U.S.

For workers, we prepare the paperwork to apply for the L-1 visa. We help them prepare for their interview with USCIS. And we help workers file L-2 applications so their families can travel with them.