The L1 visa program is one of the most popular options for companies operating in the United States of America, to bring skilled workers at the executive or managerial levels, from overseas into the country. It is a non-immigrant visa, which means that it is granted to applicants who are not looking to permanently migrate to the country and hence is a short-term option. Every year there are millions of workers who apply for the L1 visa for USA from India, due to the vast presence of Indian companies in the country. The American L1 visa can range in duration from three months to 7 years, depending on the migrant’s country of origin. The L1 visa also allows for owners of small businesses to expand their business in the United States and transfer an executive member of staff to the United States to manage that business.
If you are looking for information about the L1 program read our guide that will tell you about 5 key things you should know before applying for one:
- Reciprocity schedule: The duration of validity of the L1 visa ranges from 3 months to 7 years. This is largely based on the relations of the country of origin of the worker, with the United States of America. For countries like India and Japan, the L1 visa is granted for 5 years, which can be extended for 2 years more. If you are applying for the L1 visa, please check the US government website to refer to the reciprocity schedule and check the status of your country. There are also certain exemptions granted to specific countries relating to documents and paperwork.
- Refusal rate: It’s also important to note that the L1 visa faces a high rate of rejection as compared to other programs. This is due to many factors which involve mistakes with paperwork, incomplete documents or exercise of discretion by USCIS (United States Citizenship and Immigration Services), which comes under the Department of Homeland Security. Recently, the refusal rate for the program was more than 18% so make sure you don’t go wrong with your application. Take professional help from legal firms based in the United States.
- Familial rights: The L1 visa is also much sought after due to its multiple familial benefits. As a spouse of an L1 visa holder you are automatically entitled to work in the United States and are granted an L-2 visa, once your employee authorization is cleared. The children of the L1 visa holder can also avail the L-2 visa (under the age of 21 years) and are eligible to apply for American schools and colleges.
- Permanent residency: The L-1 is also a legally compliant and valid route to permanent residency, in the form of Green card. This is due to the doctrine of dual intent, applied by US courts and immigration authorities.
- Application process: You can get an L-1 by directly applying to the USCIS by filling form I-129. Your company must qualify under the guidelines issued for your application to be considered valid. Again the process involves lot of intricate paperwork so it’s best to seek help. Note that ndian consultants and advisors are not licensed US Immigration lawyers and are not authorized by the US government to offer immigration advice. Be sure to get a legal advisor on your side.
- Business Plan: Unless you are a very established or multinational business that can produce US tax returns a properly prepared business plan is critical. At D&A, we believe that a successful business plan needs to be prepared as a collaborative effort between the client, an immigration lawyer and an immigration business plan analyst. Our specialist team that provides US business expansion services incorporates both business analysts and lawyers.
Davies & Associates has a long history of successfully helping people from all over the world get L1 and L2 visas to the United States. Please don’t hesitate to get in contact if you have any questions about this or any other visa.