The L-1 visa is a popular option for international companies looking to transfer foreign employees to the United States. However, there are specific investment and application requirements that must be met. In this article, we will explore the key things you need to know about L-1 visa investments and applications, including investment amount, source of funds, visa eligibility, application process, and more. Proper understanding of the requirements helps ensure a smooth application process.
L-1 Visa Allows International Companies to Transfer Employees
The L-1 visa program allows multinational companies to temporarily transfer qualified executives, managers, or employees with ‘specialized knowledge’ to a branch, parent, affiliate, or subsidiary in the United States. The main purpose is to allow international companies to more conveniently conduct business in the U.S. by having their qualified foreign workers on location.
Substantial Investment Must be Made in U.S. Operations
To qualify for L-1 visas, the petitioning U.S. company must have ‘substantial’ investment and be actively doing business in the United States. Substantial is generally defined as sufficient to ensure the successful operation of the U.S. entity and meet the visa applicant’s living expenses. The investment can include cash, equipment, inventory, real estate, premises, etc. There is no fixed minimum, but around $100,000 is often seen as meeting the threshold.
Employees Must Have Been Employed Abroad for 1 Continuous Year
A key L-1 visa requirement is that the employee must have been working abroad for the petitioning employer (or a subsidiary/affiliate) for at least one continuous year within the preceding three years. The one year of employment must be in an executive, managerial, or specialized knowledge capacity.
Specialized Knowledge Workers Have Unique Expertise
For ‘specialized knowledge’ workers, they must possess special expertise that is valuable to the petitioning company’s U.S. operations. Knowledge is considered ‘special’ if it is different or uncommon compared to that generally found in the industry or within the petitioning company.
Application Process Involves Multiple Steps
The L-1 visa application process involves first filing Form I-129 with USCIS. Supporting documents, fees, and Form I-907 are also required. If approved, the employee can apply for the visa at a U.S. embassy/consulate and then enter the U.S. Initial validity is up to 3 years with extensions possible.
The L-1 visa has specific investment and eligibility requirements that must be met for international companies seeking to transfer foreign employees. Understanding the rules around minimum investment, employment history, specialized knowledge, and the step-by-step application process is key for a smooth application.