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The L-1 Visa

In order for a foreign national to work in the United States of America they need to have a proper visa as well as proper work authorization. There are some people, both US Citizens and foreign nationals, who mistakenly believe that admission to the USA on a US B1 Business visa satisfies the legal requirements for travel and employment authorization pursuant to US Immigration law. In fact, nothing could be further from the truth as employment authorization must be explicitly granted to those entering the USA.

The L-1 visa is an interesting type of travel document as it is a "dual intent" visa meaning that it allows the bearer to retain both immigrant and non-immigrant intentions when applying for the visa. This also holds true for those admitted to the USA in L-1 status.

There are two subcategories within the bailiwick of the L1 category. The L1A and the L1B are the two Immigration subcategories under the main L1 category.

The applicant for an L1A visa must meet specific legal criteria. In order to provide the most comprehensive information about the general nature of the L!A visa it may be best to directly quote the official website of the United States Citizenship and Immigration Service (USCIS):

“The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  The employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.”

The L1B visa is another subcategory under the main L1 classification. To provide the best insight into this subcategory it may be best to further quote the USCIS official website:

“The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.  The employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.”

Regardless of the sub-classification of the L1 visa category, those seeking such travel documents are well advised to seek the advice of a competent American Immigration lawyers in order to attempt to ensure that all relevant legal formalities are met prior to submission of the initial petition or subsequent application.

Those interested in updated information regarding the L1 visa should go to the Integrity Legal web log at: L1 visa.