L-1 Visa is for all the people who have plans of shifting to the existing US business or expand their own business to the US. These visas are available to employees working for organizations/companies outside the US such as in Canada that have subsidiaries, branches, affiliates or joint venture partners in the US.
L-1 Visa conditions:
- You must have worked on a full-time basis in last preceding three years for at least one full year outside the US.
- You must have worked as an executive, manager or in a “specialized knowledge” as “qualifying organization” outside US.
- In new or existing US business which is subsidiary, branch or affiliate of the foreign company you are shifted to work.
Business eligibility for L-1 Visa
US immigration Regulations decide each type of business relationship.
Proper legal guidance is necessary to decide whether the business relationship is according to the legal definition. A foreign business which is outside the US must operate in continuity during L-1 transfer to the US.
If you are in the US on L-1 Visa business outside the US must be ongoing.
There are different criteria for retaining employees, business transactions, or paying taxes, depending on the type of business. Your business need not be big enough to qualify for the L-1 Visa. A Business of any size can be eligible for L-1 Visa.
Document requirements for L-1 Visa
In order to cover the risk of being refused one must have all the necessary documents–
- Knowledge of the existing Canadian company
- Employment in Canada
- Plans for business in the US
- Company documents which is in the US
- Immigration forms for the US such as the I-129
Benefits of L-1 Visa for Canadians
By applying for L-1 Visas at the US/Canadian port of entry instead of US immigration office (known as service Center in the US), Canadians can take advantage of NAFTA. Canadians can get the L-1 Visa immediately by taking necessary documents to the US border.
The Validity of the L-1 Visa
Two kinds of L-1 Visas
|L-1 Visas||L-1B Visas|
|Managers or Executives||Knowledge Workers|
|Seven years for date of issue||Five years from date of issue|
L-1 Visas and L-1B Visas can be extended if the person holding these Visas resides and commutes from Canada or Mexico to the US for employment.
L-1 can also lead to Green Card
If you are holding L-1 Visa as an executive or a manager, you are eligible for employment-based Green card. There is also a procedure of Labor Certification you don’t need to follow that procedure if you prove that there are no US workers who can fill the position offered by your US employer and can easily apply for Green Card.
Some of the requirements of the L-1 Visa are not easily understandable. The Legal definition of “Manager”, “executive” and “specialized knowledge worker” are particular. So, it is advisable to contact an immigration lawyer to check the eligibility. You also need to verify whether a business relationship complies to a specific legal definition to be eligible for an L-1 Visa.
You will require guidance from a reliable immigration advisor and consultant like Straight Visas.
You need to be first eligible for this Visa and need to collect all the necessary documents required. We provide you with guidance on big, medium, small businesses. If you have a dream to transfer or expand your business to the US we are the best immigration lawyers to contact.
Fill out our immigration assessment form, and Straight Visas will contact you within a day to check your eligibility.