Edison NJ L Visa Immigration Lawyer
Guiding companies through obtaining L Visas to transfer needed employees
The L-1 Visa is a nonimmigrant visa only used by foreign nationals seeking temporary status. There are specific requirements that differentiate between the need for an L Visa and the other many temporary worker visas available. An L-1 visa requires that the employee fills an executive or managerial position in the United States or employ an integral and specialized knowledge. There are two types of L-1 visas: an L-1A and L-1B visa. The applicable visa depends on the qualifications and type of work the employee will engage in while in the United States.
- L-1A: applicants who will act in executive or managerial capacities
- L-1B: applicants with “specialized knowledge,” defined as knowledge that is beyond regular and not ordinary within the industry or petitioning organization.
An L-1A visa holder can stay in the United States for up to 7 years. An L-1B visa holder can stay in the United States for 5 years. If you need a legal resource to guide you through the process of obtaining an L-1 visa, contact the Law Office of Omar K. Qadeer, PC.
Qualifications and Application process
One of the main requirements for an L-1 visa is that the employee must have worked abroad for that company continuously for one year in the past 3 years. He or she will have the task to perform duties for a branch, subsidiary or affiliate of the same employer that employed them abroad. This will establish a qualifying relationship with the foreign company, whether that be a parent company, branch, affiliate, or subsidiary. The employer must plan to, or currently be, doing business as an employer in the U.S. and at least one other country during the duration of the beneficiary stay in the U.S.
To apply for the visa, your employer must first file a petition with the USCIS. The USCIS will decide whether the applicant meets the regulatory requirements. Processing time varies. If the employee is already working under another temporary worker visa, the USCIS will change the status through an I-94 issuance. The approval document also known as a Form I-797 will be sent.
The employee will have to go through the process of obtaining a temporary worker visa, which includes an interview at the embassy or consular in most cases. They will have to provide a passport, photo, documents demonstrating the receipt and approval of the application, and more. The interview allows the consular officer to determine if the employee should be approved for an L-1 visa. During the interview, the applicant will be subject to a fingerprint scan.
If the applicant wishes to bring their spouse or children under the age of 21, they may do so. The spouse or children will apply for an L-2 visa and can apply for employment authorization in the United States.
Contact an experienced immigration attorney
If you wish to enter the United States on an L-1 visa, you should contact the Law Office of Omar K. Qadeer, PC. The firm works with clients that need to apply and get approved for temporary work visas. This process is document-heavy and can be complicated. It is in your best interests to contact an experienced and effective immigration lawyer to guide you through. If you need our help, do not hesitate to contact our office.