L-1 Visa 1 What are the basic requirements for obtaining L-1 status? The employee must have worked abroad for the overseas company for a continuous period of one year (full-time) in the past three years. Employees must have been employed abroad in an “executive” or “managerial” position (L-1A) or a position involving “special knowledge.”(L-1B) The company for which the employee has worked for a year abroad must be related to the U.S. Company in a specific manner. This means the company abroad must be the same employer or a subsidiary or affiliate of the U.S. company. 2 What is a subsidiary? Subsidiary means a firm, corporation, or other legal entity of which a parent owns more than half of the entity and controls the entity; owns 50% of a 50-50 joint venture and has equal control and veto power; or owns less than half of the entity, but in fact controls the entity. 3 How long can L -1A employees remain in the U.S. ? For existing companies, the initial period of stay is 3 years and extensions may be filed for a total period of up to 7 years. For new companies, the initial period of stay is 1 year, after which extensions may be granted. The maximum stay is 7 years for managers and executives (L -1A ) and 5 years for specialized knowledge (L-1B). 4 Can a L-1 employee/transferee bring the family into the U.S. ? A transferee’s spouse or unmarried children under 21 years old may be granted L-2 visas. 5 Can L-2 visa holders work in the U.S. ? The law changed in January 2002, enabling L-2 spouses to obtain work authorization. 6 Can L-1 visa holders apply for permanent residency (green card)? Yes, after the L-1 visa holder has been in the U.S. for one year, he or she may apply for a green card provided the U. S. subsidiary has active business activities and income.
U.S. Immigration Law
