L1 Visa Process

L1 Visa application procedure can be easily classified into two phases: petitioning on behalf of the beneficiaries, employees being sent to the US, by the interested foreign companies; and placement of request for provisional entry permit by the recipient at the designated US consulate in the country from the where the requests are originating from. The requests evaluation procedure for this category of non immigrant permit can take somewhere between 2 to 4 months depending on the status and standing of the company filing the request under this classification.

This non immigrant entry arrangement, has been incorporated by the government of the USA in the US immigration laws to facilitate those foreign entities that intend to shift their top notch personnel, working as managers or executives, or product or process specialists, to the US, in order to either manage an already established office or open a new, or rather, first business address in the country. The permit has been further bifurcated into two heads:

·         1 A for the people working on managerial or executive levels; and

·         1 B for the people working as technical specialists.

The laws of this nonimmigrant entry permission is usually filed for individual employees; but certain companies that have been operating in the US for at least one year prior to the placement of L1 Visa requests are allowed to file for a blanket facility, i.e. the entities, in this case, can get approvals for relocating a predetermined number of employees to the country without having to file separately for each individual worker.

The L1 Visa Process starts with the foreign companies filing petitions through I – 129 along with deemed essential documentary supporting substantiating certain vital facts, like

·         The foreign company filing this form must evidence its qualification in terms of having bonafide relationships with a US based commercial enterprise as either parent holding organization of the US bases company; or as an affiliate or a subsidiary of a US based organization; and

·         The employees being shifted to the US have been working as managers, executives or specialists at a foreign location for the foreign company for a period of at least 12 months prior to the placement of the I – 129 requests; and that the people being relocated would continue to work in similar capacities.

In addition to this, the companies setting their foot on the US soil for the first time also need to evidence possession of a business premises in the US; and that the office being opened would be able to afford an executive; or a manager; or a specialist within one year of shifting a foreign employee under 1 A or 1B respectively. The L1 Visa Process for such companies starts with submission of documentation that list out their plans of carrying out business of selling goods and providing services in the markets of the US. Similarly, the employees being shifted also need to make certain submissions, i.e. provide all proofs regarding their employment and planned foray in the US for the company that is sending them to the US. 

The US authorities evaluate I-129 petitions and if everything is found in order, the USCIS issues approval of the petition through I– 797. On receipt of the approval from USCIS, the L1 Visa Application Process shifts to the designated consulate, i.e. the country from where the employee is being shifted to the USA, in deemed capacity.

The beneficiaries of the permit grant must get in touch with the US consulate and submit all required documents with the request for permit grant. The applicants in this arrangement can be accompanied by their dependents through L 2 permit.

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