L-Visa Attorneys in South Florida
L-visas are broken up into two major categories L-1 and L-2 visas. L-1 visas allow a U.S. employer to transfer an executive, manager, or specialized knowledge employee from one of its affiliated foreign offices to one of its offices in the United States. This visa also allows for a foreign company which does not yet have an affiliated U.S. office to send executives, managers, or specialized knowledge employees to the United States with the purpose of establishing one. L-2 visas are provided to spouses and children, who are under 21 years of age, to accompany the L-1 visa holder. L-2 visa holders may study and apply for employment authorization while in the country. To obtain an L-1 visa the employer must file a Form I-129 on behalf of the employee.To qualify for L-1 classification the employer must have a qualifying relationship with the foreign company, and currently be or projects to be doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the immigrant’s stay as an L-1. A qualifying relationship includes being a parent company, branch, subsidiary, or affiliate. Doing business entails the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. Merely having an agent or office present in the United States and abroad does not qualify as doing business. L-1 visas are further broken down into L-1A and L-1B visas.
L-1A visas are for the transfer of executives or managers. For an employee to qualify they generally must have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding their admission to the United States, and be seeking to enter the U. S. to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations. If a foreign employer seeks to send an employee to the United States as an executive or manager to establish a new office the employer must show that the employer has secured sufficient physical premises to house the new office; that the employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and that the intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
For qualified transfer executives and managers the initial period of admittance is three years, and for employees entering to establish a new office the initial period is one year. All L-1A employees may request extensions that may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years. All L-2 visas that are granted are given the same period of admittance as the L-1 visa holder.
L-1B visas are for the transfer of a professional employee with specialized knowledge relating to the organization’s interest. Specialized knowledge means that the individual either has special knowledge of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets; or an advanced level of knowledge or expertise in the organization’s processes and procedures. L-1B requirements for the employer and employee to qualify for the visa are the same as those previously listed for the L-1A visa. For qualified transfer executives and managers the initial period of admittance is three years, and for employees entering to establish a new office the initial period is one year. All L-1B employees may request extensions that may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years. All L-2 visas that are granted are given the same period of admittance as the L-1 visa holder.
Contact our Miami-Dade County Employment Based Visa Attorneys
Contact our Dade- County employment based visa attorneys at 305-222-7351, toll free at 1-844-VARI-LAW, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.
Our Miami Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County.
Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.