The L visa is intended for individuals who are being transferred from their company in China to a branch or related company in the United States. Applicants must intend to fill a managerial or executive position, or have specialized knowledge, and have been continuously employed by the same employer or a related company for one year within the three years immediately preceding the visa application. The L-1 classification is a temporary work permit for individuals who have been employed abroad for one year in a qualifying capacity and who are coming to perform qualifying work for a related company in the United States. Dependents of L-1 employees are given L-2 status. A spouse holding L-2 status is eligible to obtain an unrestricted work permit.

Company Requirements

The US company and overseas employer must have at least 50% common ownership. The overseas company must be a parent, branch, subsidiary, or affiliate of the petitioning U.S. company. The overseas company must have been actively conducting business for at least one year. The US c ompany may be either an existing business or a new business.

Employee Qualifications

The one year overseas employment must be within the last three years and in a managerial, executive, or specialized knowledge capacity. First-line supervisors are not considered managers unless they supervise college graduate professionals. The planned U.S. employment must be in managerial, executive, or specialized knowledge capacity. The employee must be qualified for work in the US (education, experience, English language capacity, etc.)

The L-1 process involves two steps

(1)The L-1 Petition

The L-1 petition (Form I-129 with the L supplement) is submitted to the INS. An L-1 petition may be approved for up to three years, and extensions are available up to a maximum of five to seven years. The processing time for an L-1 petition varies between 4-12 weeks. There is no annual limit on L-1 workers per year. INS premium processing may be used to obtain approval in 15 days or less

(2)The L-1 Visa Stamp

After the L-1 petition has been approved by the INS, the employee may go to an American Embassy or Consulate overseas to obtain an L-1 visa stamp. The visa stamp in the passport is generally required for entry into the United States in L-1 status. Dependent family members may receive L-2 visas through the same process for use in entering the U.S. The visa stamping process normally is completed within one week. A visa will not be issued to an applicant who is inadmissible.

(3)Permanent Residence

A managerial or executive L-1 visa holder can be approved for permanent residence through a streamlined process. To qualify under this special process, called First Preference Immigration, the employee must have been a manager or executive overseas and hold a similar position in the US. The US Company must have been operating for one year before the first preference immigrant petition can be filed. A first preference immigrant is approved without the company showing any shortage of US workers (Labor Certification).