Skilled Legal Guidance from L1 Visa Attorneys in San Jose

Today’s marketplace has become increasingly globalized, leading employers to establish regional offices and even headquarters in various countries around the world in an effort to build a strong international presence. To support global business operations, employers sometimes need to transfer people to various parts of the world. Oftentimes, their executives or managers, who are familiar with the inner workings and goals of the business, are the perfect candidates. The U.S. is one of the major economic centers of the world, which is why it is a common destination for a foreign company to relocate employees. With the assistance of L1 visa lawyers, ensure a smoother filing process for this important documentation.

What is an L1 Visa?

The L1 visa sometimes referred to as the “intracompany transfer” visa, is available to international companies that need to bring qualified foreign employees, specifically managers and executives, to the United States. The L1 visa is an employment-based, non-immigrant (temporary) work visa. It enables a foreign company to transfer or relocate its foreign workers to a qualifying U.S. branch, affiliate, or subsidiary in an executive/managerial or specialized knowledge capacity. Experienced L1 visa attorneys have successfully facilitated numerous “intracompany transfers,” helping companies achieve their operational business goals. The L1 visa allows an employee to work and live in the U.S. while the visa is valid. It also allows them to obtain a social security number and driver’s license – two important elements of living in the United States. There are also benefits for the spouse and children of an L1 visa holder.

What are the Different Types of L1 Visas and Their Requirements?

It is important to remember that there are different types of L1 visas available. You may be eligible for an L1 visa if you fall under any of these categories:

Intracompany Transfer of Executives or Managers L1 A Visa

If you serve a foreign company in an executive or managerial position and need to be relocated to the U.S. on a temporary basis. The specific requirements for this subcategory are:

You have worked abroad for the international company for one consecutive year within the three years immediately preceding your admission to the U.S.
You have been employed abroad in a qualifying position, i.e., an executive or managerial post.
You are temporarily relocating to the U.S. to work in an executive or managerial position for the U.S.-based branch or subsidiary of the same employer or one of its qualifying organizations.

Intracompany Transfer of Employees with Specialized Knowledge L1BVisa

If you are a non-executive employee who possesses specialized knowledge and needs to be relocated to the U.S. on a temporary basis, The L1B visa may be the right choice for you. Specialized knowledge is extensive experience or information possessed by an individual about a company’s products, services, research, management, techniques, processes, procedures, and more. The specific requirements for this subcategory are:

You have worked abroad for the international company for one consecutive year within the three years immediately preceding your admission to the U.S.
You are seeking entry to the U.S. to work in a specialized knowledge capacity for the U.S.-based branch or subsidiary of the same employer or one of its qualifying organizations.

L1 Visa Blanket Petition

The USCIS has also set up the L1 Blanket Petition. It is a special set of procedures designed specifically for large multinational organizations that frequently file for and use L1 visas. Under this program, a qualifying foreign company or organization need only receive one approval from the USCIS to relocate managerial, executive, and professional employees. The blanket petition gives multinational companies the flexibility of transferring and relocating eligible employees to the U.S. without having to file multiple petitions with the USCIS.

Can an L1 Visa Turn into a Green Card?

While there are other visa types that do not have the ability to lay the groundwork for a permanent residency application, the L1 visa is a dual intent status visa. This means that the beneficiary or the employee may apply for permanent residency without jeopardizing their L1 visa status. They may apply prior to the end of the L1 visa term or prior to its expiration for a green card. One of the biggest benefits of an L1 visa is that, for the most part, people who qualify for an L1 visa also meet the qualifications for a permanent green card, so the chances of approval are better than some other temporary visa types. If you are unsure about the process or eligibility in going from an L1 visa to a green card, an experienced L1 visa attorney in San Jose can assist you on the matter.

How Long Can an L1 Visa Holder Stay in the U.S.?

Like most visas, there is a limit to how long a visa holder can legally work and live in the United States. Once the visa term expires, the holder must either ask for an extension (if they have not already done so and reached the maximum allowed years), apply for a green card, or return to their country. Since the L1 visa is available under two different types, there are different answers to the question of how long an L1 visa holder may stay in the United States.

L1 A Visa Length of Stay

L1A visa holders may remain in the U.S. for a maximum of seven years. If the U.S. office, the petitioner, is a new office, the employee will obtain a one-year valid employment period, which is renewable for two years at a time until the maximum total years is reached. If the U.S. office, the petitioner, is an existing business, the L1A holder will receive at first a three-year valid employment period, which is then renewable again for three years and then lastly for one year (for a total of seven years).

L1 B Visa Length of Stay

For L1B, similar to L1A, qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L1B employees, requests for an extension of stay may be granted in increments of up to an additional two years until the employee has reached the maximum limit of five years.

What About Dependents?

When moving to the U.S. for a job role, most people want to bring their immediate family with them. The good news is that as an L1 visa holder, you may be accompanied or followed by your spouse and unmarried children who are under 21 years of age. They may seek admission under the L2 nonimmigrant classification, and once it’s approved, they will be granted the same period of stay as the L1 visa holder. Aside from being legally allowed to live in the United States during that time, they are entitled to many of the same benefits as their spouse or parent with the original L1 visa. For instance, L2 spouses may work in the U.S. but must obtain a work permit (“EAD”) first. Spouses will also be able to obtain a social security number and driver’s license. Any dependent children are allowed to attend public education for grades K through university without an additional student visa in most cases. The spouse and children may also become eligible for green cards following the end of the L1 or L2 visa period. If you intend to bring your family with you, consulting with a knowledgeable L1 visa attorney may give you added peace of mind.

Why Hire an L1 Visa Lawyer?

L1 visas permit foreign employees to enter the U.S., but only on a temporary basis. This doesn’t make securing such visas any easier, though. Like in any other visa classification, you (or your employer) still need to go through a grueling and complex application process. Whether filing as an employer or an employee, the process can feel overwhelming and confusing. An experienced L1 visa lawyer in San Jose can help remove some of the stress, hassle, and confusion.

Applying for any type of visa requires extensive documentation to prove the individual meets the requirements of being granted the visa type. These documents need to list specific information throughout in order to compile a strong application. Many people make errors or leave out important documents without the help of an experienced visa attorney to guide them throughout the process. By hiring an L1 visa lawyer, you ensure that you have the right documents ready to file and can do so in a timely manner. When there are multiple errors or missing documents in a visa application, it can slow down the approval process. This is something you certainly want to avoid as much as possible, which is why hiring an L1 visa lawyer in San Jose is always worth considering for something as important as a visa. They will also be able to answer any and all questions you may have during this complex process.

Can an L1 Visa Lawyer Help with the Interview?

One of the most dreaded parts of applying for any type of visa is the interview process. When being interviewed by a U.S. Consular Officer, it is normal to be nervous and unsure of what to say. Many people fear this part of the visa approval process simply because they do not know what to expect during the interview. When you hire an L1 visa lawyer, they will help you prepare the correct documents for your application and help you better understand what to expect during the interview section. Your immigration attorney will discuss common questions you can expect during the interview, which will give you a chance to practice and grow more comfortable prior to the officer interview. The interview is meant to show that you are who you say you are, your reasons for entering the country line up with your documentation, and make sure you do harbor any ill intentions. Completing a practice interview with your L1 visa attorney can help you feel more confident during this step of the process.

Get Experienced Legal Guidance for the Complex Visa Process

Applying for a visa is often a stressful, confusing matter. From the paperwork and figuring out the right visa for you to the interview process, there are several steps you will need to take as a visa seeker. There is also the matter of your business needing your skilled knowledge right away – one more reason to make the visa process as smooth and fast as possible. You deserve an L1 visa lawyer committed to helping business clients achieve their operational goals by assisting them in relocating the required talent across the globe. Get started today online or by telephone at (408) 740-3474 for a case evaluation.