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L-1 Visa: An Overview

L-1 Visa: An Overview

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Published by sadanand
This document will provide an overview of L-1 Intra-company transferee visa petition and issues to be addressed when preparing the petition.
This document will provide an overview of L-1 Intra-company transferee visa petition and issues to be addressed when preparing the petition.

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Categories:Types, Research, Law
Published by: sadanand on Sep 08, 2012
Copyright:Attribution Non-commercial

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10/14/2014

 
 
INTRA-COMPANY TRANSFEREES
 
L-1 Visa: An overviewSadanand NaikBengaluru
 
 
Sadanand Naik
The L nonimmigrant category was created by Public Law91-225, enacted on April 7, 1970 to permit internationalcompanies to temporarily transfer qualified employees tothe United States for the purpose of improvingmanagement effectiveness, expanding U.S. exports, andenhancing competitiveness in markets abroad.As per the USCIS statistics, issuance of Non-immigrantVisas was grown to 7,507,939 in 2011 from 6,444,285 in2007 under different non immigrant categories. However,
the NIV’s
issued to Indians was declined to 554,267 in2011 from 653,060 in 2007. The USCIS has approved147,677 petitions under L-1 category in 2011. 56,817 L-1petitions were approved to Indians in 2011.The L1 visa classification is divided into two separate visaclassifications, L1-A for managers and executives and L1-Bfor an employee in a specialized knowledge capacityThe L-1A nonimmigrant classification enables a U.S.employer to transfer an executive or manager from oneof its affiliated foreign offices to one of its offices in theUnited States. It also enables a foreign company whichdoes not yet have an affiliated U.S. office to send anexecutive or manager to the United States with thepurpose of establishing one.The L-1B nonimmigrant classification enables a U.S.employer to transfer a professional employee with
specialized knowledge relating to the organization’s
interests from one of its affiliated foreign offices to one of its offices in the United States. This also enables a foreigncompany which does not yet have an affiliated U.S. officeto send a specialized knowledge employee to the UnitedStates to help establish one.
 
CONTENTS
 
Introduction
 
Definitions
 
Intracompany Transferees:Blanket Petition
 
Intracompany Transferees:L-1A Manager or Executive
 
Intracompany Transferees:L-1A New Office (First Year)
 
Intracompany Transferee:L-1A New Office
 –
 Extension after the FirstYear
 
 
Sadanand Naik
About the Author: Sadanand Naik is aLaw graduate from Mangalore University(2005), in Karnataka, India, and Upongraduation, Mr.Sadanand Naik served asa Assistant Lawyer for the Rajan D.Naik,Advocate Vasco-Da-Gama, Goa in India.Mr. Sadanand Naik then served as theAssistant Lawyer for the AdvocateM.M.Jalisatgi, Honavar. Now he works asthe Team Lead for one of the LeadingLPO in Bangalore.
Disclaimer: All images belong to their respectiveowners. No copyright infringement intended. Thisbook is made for educational purpose only. If youwould like something to be removed please sendan e-mail to sadanand@gmx.us
An L-2 visa enables to enter the United States by the dependentspouse and unmarried children under 21 years of age of qualified L-1 visa holders. If the family members are already in the UnitedStates, they can seek change of status to L-2 classification. Spousesof L-1 workers may work if the application for work authorization isapproved. Dependent child is allowed to study in the US under L-2visa. However, once he/she turns to 21 year age, they need seekchange of status to F-1 to continue their study.Application to an L-1 visa begins with the filing of a petition withthe USCIS. After approval of the petition, beneficiary may apply forvisa issuance at a consulate or embassy of the US in the countryhaving jurisdiction over their residence.If the L-1B employee is promoted to the position of manager orexecutive, employee may apply for change status with amendedpetition to L-1A within six month of expiration of L-1B.L-1A is initially granted for 3 years and extendible twice for periodsof two years each. And L-1B is initially approved for 3 years andextendable once for two years. L-2 visa is valid for the duration of the spouse's L1 visa. Qualified employees entering the UnitedStates to establish a new office are allowed a maximum initial stayof one year.8 CFR PART 214 (l) and 9 FAM 41.54 deals with the intracompanytransferees.
 

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