L-1 Visa: Frequently Asked Questions

What is an L1 visa? The L-1 visa is a non-immigrant visa. It allows foreign managers and executives to come to the US to work for the same company that they were working for in their home country. This means that the U.S. company must be a parent, affiliate, subsidiary or branch of the foreign company.

How do I qualify for L-1 visa? To qualify for an L-1 visa:
· You must be going to work in the US as a manager or executive and your company in Vietnam must be connected with the sponsoring company in the US. Your Vietnamese employer can be a branch, subsidiary or owner of the US company.

· You must have worked for the company in Vietnam for at least one year in the preceding three years, as Manager or Executive.

How do I show that I have worked the required amount of time for the company abroad? Some of the evidence you may submit to document your overseas employment for 1 out of the last 3 years includes Pay stubs, Payroll records, Tax returns that show employment, and Evidence of work product.

What can you do under the terms of an L-1 visa?
· You can be sponsored for an L-1 visa in a reasonably short time
· You will be permitted to travel in and out of the U.S. or remain in the US continuously until your L-1 status expires
· Your spouse and minor children can accompany you if they apply for L2 visas

· You can apply for a Green Card through employment, without the need for the Labor Certification

What is the difference between L-1A visa and L-1B visa? The L-1A visa is for managers and executives. The L-1B visa is for key employees like accountants and computer programmers who have specialized knowledge of the company's products or procedures.

After getting an L-1 visa, how can someone become a permanent resident? After the first year in the US in L-1A status, the L1-A visa holder can apply for a Green Card as an international manager/executive in the EB-1C category. There is no current backlog for EB-1C employment based immigrant petitions. The employer files Form I-140, the Petition for an Alien Worker, with USCIS. After approval of the I-140, the L-1 visa holder files for Adjustment of Status using Form I-485.

What are the time limits of L-1 visa? On an L-1 visa, you may get visa approval for up to three years. Extensions of two years at a time may be allowed, until you have been in the U.S. for a total of seven years, if you are a manager or executive.

How much education and experience is required for an L-1A executive or manager visa? There is no minimum educational requirement for the L-1A visa. The only requirement is that the L-1A employee must have worked as manager or executive for at least one year in the previous three years, for a company affiliated with the U.S. employer.

Is an L-1 visa available for a manager or executive from Vietnam to come to the US to open a new office of the Vietnamese company? Yes, the company in Vietnam could send one of its managers or executives to open a new office in the US. The foreign employer may file the I-129 petition after establishing a legal business entity, such as an LLC, in the United States. The employer must also show that new office space has been secured in the US, and must submit a business plan to show that the U.S. operation will support an executive or managerial position within 1 year of the L-1 visa approval. A downside, however, is that the initial time limit for a “new office L-1A” visa is only 1 year and then an application must be made to extend the L1 visa.
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Q.1. Can the dependents of an L1 visa holder work in the U.S.?
A.1. The children of the L1 visa holder are not permitted to work, but the spouse may submit an application to CIS for Employment Authorization. The spouse is also permitted to start a business in the US.
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Q.2. What is the processing time for L-1 visa?

A.2. It usually takes less than six months to get an L-1 visa.

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Q.3. Can L1B visa holders also apply for a Green Card?
A.3. Yes, L1B holders, such as accountants and computer programmers may apply, but the employer must obtain Labor Certification, to prove that there are no qualified U.S. workers to fill their jobs. This is a costly and time consuming process.

ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
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