Basic Requirements for an L1-Visa

If you have been given the opportunity to come to the US to work, you may be contemplating what your options are in terms of Visas. You may already know there are different types of Visas and think that L1 Visa is right for you. Contact our New Jersey immigration lawyers today to find out if you meet the basic requirements for an L1 Visa. Here is what you should know:

Basic Requirements for an L1-Visa | Must be With the Company for 1 Year

These are the basic requirements for an L1 Visa: number one, the individual being transferred has to possess a minimum of one year with the company abroad. Number two, there has to be a very specific relationship between the company abroad and the US company. It could be a parent-subsidiary relationship, or it could be an affiliate relationship if they are both owned by the same holding company or parent company, but the correct and accurate relationship must be in existence.

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Basic Requirements for an L1-Visa | Receiving Pay

Also, there must be a bonafide way to pay the individual. Sometimes, a company abroad wishes to transfer an individual to start up a new branch. That is possible although it is much more difficult. There are special requirements that must be met when opening up a new branch of a company abroad, and instead of granting up to five years status in L1 Visa, if it as a new branch they only grant one year because they want to make sure that the branch is viable and that the company abroad remains viable after the key individual is transferred.

If you have any other questions about the L1 Visa or the transferee process or any other immigration related matter, please contact Susan Scheer in Morristown, New Jersey, to schedule a consultation to help you with your situations.

All Types of Working Visas

If you are hoping to come to the US, you may be wondering what types of working visas are available to you. Our New Jersey immigration attorney outlines the possible choices here. If you want to know more, please call our office to determine which option is best for you.

Types of Working Visas | H-1 Visa

H-1 workers are foreign professionals with specialized knowledge in a particular industry or discipline. They must have at least a four-year degree or equivalent training for this visa. USCIS considers three years of professional experience equivalent to one year of higher education, in this situation. If you have not completed a four-year (Bachelor’s-equivalent) degree, you may need to complete an educational evaluation, usually about six pages.

Types of Working Visas | L-1 Visa

An L-1 visa is for intra-company transfers of skilled employees, including managers, executives, and their support staff. Unlike the H-1 visa, the applicant does not have to have completed a four-year degree. The only qualification is that the transfer must clearly benefit the U.S. economy. Candidates must have worked at the foreign company for one year, and there must be a clear and important relationship between both companies (as when one is a parent company, or if both are subsidiaries of the same parent or holding company).

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Types of Working Visas | E Visa

An E visa is for a trader or an investor who enters the United States (under the provisions of a treaty agreement) to create a particular business or to direct the operations of an existing business or enterprise.

Types of Working Visas | O Visa

This visa is for artists and sports figures. Prima ballerinas, foreign athletes, and international entertainers enter the U.S. under an O visa.

Types of Working Visas | R Visa

The R visa is for religious workers.

Types of Working Visas | TN Visa

A TN visa is similar to an H1, but applies to professionals from Canada and Mexico covered under NAFTA (North American Free Trade Agreement). Obtaining this visa is an expedited process that can often occur right at the border.

Remember, these types of working visas are not green cards. They are non-immigrant, short-term visas. You only obtain legal permanent residence after you adjust your status. However, they allow the visa holder to reside in the United States for a set number of years, and may be renewed while the visa holder is in the country. If you have any questions, please call our Morristown office today to speak with our New Jersey immigration attorney Susan Scheer.