Immigration Lawyer Wyoming

Intercompany Temporary Workers L-1 Visa Requirements

The L-1 visa is classified as a temporary worker’s visa and is issued for a term of three years, when the application has been submitted and approved for the individual. The individual must have been employed continuously by the company, corporation or entity, for at least one year to seek entering the United States with this class of temporary visa. This is to permit the applicant to remain in the employ and position of the employer, which the immigration lawyer Wyoming can explain to the petitioning employer.

Rules for this classification include:

  • Being a continuous employee for the amount of one year during the past three years, of the company, corporation or entity filing the petition.
  • The applicant must have a specialized knowledge, be a professional member of the petitioning organization’s product, service, research, equipment, or other interests.
  • There must be an affiliation between the foreign business and the U.S. entity, or they must be the same business. Normally there must be common stock ownership and a substantial degree of managerial control established by the two businesses.
  • The L-1 visa applicant must establish that they will only be entering the United States on a temporary basis, for the period of time the employment will last. They must prove they have a residence in the foreign country, which they have no intention of abandoning.

The L-1 visa is normally issued for a period of three years, which may be extended in increments of two years, for a total of seven years. There are limits of five years for the visa holder with specialized knowledge and the individual who is sent to the United States to open a new office will only be able to receive a petition approval for one year. When this one year limit comes to an end, the USCIS will review the business to see, if there has been an increase in employees, clientele, customers, or other elements that will determine, the need for the individual’s L-1 visa to be extended.

There are some similarities between the L-1 and the H-B1 visas, however the L-1 has some advantages. The first advantage is the worker, while required to be highly skilled is not required to have a degree. The company petitioning for this worker does not need to prove that the position could not be filled by an American worker.

This visa in some ways can compare with the B-1 visa, but is a better choice for the worker, since the B-1 visa has a six month time limit to remain in the United States and may only be extended for another six months and requires the applicant to prove they have funds to remain in the U.S. for the allotted period of time. This is not a part of the L-1 visa application, which also has a longer time period, to legally remain in the United States.

The spouse and children unmarried and under the age of 21 of the L-1 visa applicant, will apply for an L-2 visa. The spouse may also obtain an L-1 visa, to be authorized to be employed, by filing out Form I-765, along with supporting documentation.

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