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Law Office of Michael
O'Toole
124 Mt
Auburn St., Suite 200N
Cambridge, MA 02138
(800)
386-1008
fax: (617)
812-1272
outside
U.S. (617) 245-3960
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L-1 Visa |
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Businesses
that function both in the United States
and in their home country gain the
benefits of the best of both areas. The
L-1 visa is open to international
organizations with offices in the U.S.,
and who transfer employees to the U.S.
office for temporary periods of time.
This visa is sometimes referred to as
the 'intra-company transferee' visa.
To obtain an L-1 visa, you must be able
to prove that you have worked for the
non-U.S. company for at least one full
year within the last three years as an
executive, manager or employee with
specialized knowledge.
The L-1 visa enables the transfer of
managers, executives and specialized
knowledge personnel to a U.S. office,
subsidiary or affiliated company. This
visa comes in the following categories:
1. L-1A visas - for executives and
managers
2. L-1B visas - for personnel with
specialized knowledge
Your spouse and unmarried children under
the age of 21 are allowed to join you in
the U.S., under L-2 status. They are not
allowed to work, but can attend school
or college. Servants may be eligible for
a B-1 visa with work authorization.
Steps
The employer must file a petition with
the INS Regional Service Center with
jurisdiction over the location of the
position. These documents should be
photocopies of the oiriginals. The INS
will inform you of acceptance or denial
of the petition within 30 days.
Upon approval, the INS will forward the
petition to the U.S. Consulate nearest
your place of residence for review. If
you are not in the U.S. when your
petition is approved, you must get your
visa stamped at the U.S. consulate
before being allowed to enter the U.S.
Your employer will recieve Form I-797.
After receipt of the I-797, you must
then file-in Form OF-156 at the
Consulate. If your petition is not
approved due to missing documents, INS
will request further documentation. You
will have 12 weeks to respond. If
approved, your visa will be valid for 3
years.
Blanket Petition: A blanket petition
eases the process of gettign the L-1
visa. If a company has been defined as a
blanket petition entity by INS, the
company can directly authorize L-1 visas
to eligible employees.
Documents
To apply for an L-1 Visa, you must
supply the following documents:
- A filled-in visa application Form OF-156.
- One recent photograph 1 & 1/2
inches square (37mm x 37mm) of each
applicant, with the entire face
visible. The picture should be taken
before a light background and
without head covering.
- A passport, valid for travel to
the United States for at least six
months longer than your intended
visit.
- The employee copy of Form I-797.
The Notice of Action, this petition
is filed-in to the INS by your
employer.
- INS Form I-129, and the L
Supplement.
Your petition should show that both the
U.S. and foreign-based company meet INS
requirements for L-1 status. The U.S.
entity should be a branch office,
subsidiary or affiliate of the foreign
enterprise, and both companies should be
actively engaged in business.
The following documents may also be
required:
- A letter from your prospective
U.S. employer on company letterhead
detailing your position and the U.S.
operation's status.
- Letters proving that the U.S.
and foreign entities are engaged in
business. These can be from
attornies, bankers or accountants.
- Proof of the size and status of
the U.S. and foreign entities.
- Documents that detail the value
of the applicant's skills in regards
to the U.S. entity.
You, the employee,
should provide the following documents:
- A resume or curriculum vitae.
- Copies of passports for family
members joining you.
- Proof of education: degrees,
transcripts, etc.
- Reference letters from former
employers.
- Professional licenses, if
applicable.
If you are coming to
the U.S. to start a new office, you
should also provide the following
documents:
- Proof of a building or location
for the new office. A lease will
work for this.
- Proof of your relationship with
the foreign entity.
- Proof of financial resoluteness.
You must show that you can pay your
U.S. employees and handle any other
business costs.
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Law Office of Michael O'Toole
University Place at Harvard Square
124 Mt. Auburn St., Suite 200N
Cambridge, MA 02138
(800) 386-1008
(617) 245-3960
mail@visaatty.com
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Temporary Visas
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Student Visas
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Work Visas
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Visitor Visas
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Other Visas
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