Within the L1 Visa, there are two subsidiary types of visas. I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S.
You can get an E2 visa only if you are from an E2 treaty country . On the other hand, people from any country can apply for an L1 visa. Large companies who are likely to want to move significant numbers of employees to the U.S. may choose to apply for ablanket petition. For theL-1-B visa, you may need to provide evidence to prove the employee’s level of skill, knowledge, or experience. This should be “specialized knowledge,” which means that their knowledge is not commonplace either within the industry or within the organization.
With that said, the visa holder can work full-time both in the United States and in another country while their visa is still active. If a foreign worker is working in the United States by attending conferences, going to business meetings, or doing any other company worker that isn’t confined to a set schedule, this does not usually qualify for the L1 visa. One major L1 Visa benefit is that L1A Visa holders can make a smooth transition to permanent residence through the EB1C visa category. Since the L1A Visa and the EB1C Visa have similar requirements, companies can oftentimes reuse much of the L1A supporting documents in support of an EB1C visa petition. To establish a new office in the U.S., L-1B visa holders are initially allowed to live and work in the U.S. for one year.
The head of the Marketing Department or the Head of Operations of a company can be considered a manager. The Chief Executive Officer of a company is an example of an executive post. Before attending the interview, both the L1 and L2 applicants should compile certain documentation to bring with them to the interview. The same case applies to an E2 visa, as long as your dependents are of your nationality.
However, just because someone is involved in the ownership of a company, or has employees below them, does not mean they qualify for an L1A visa. The majority of their duties must involve operational or policy management—someone who primarily directs low-level employees or is involved in the actual products or services the company offers wouldn’t qualify. The definition of executive or manager for an L1A is quite strict. An executive or manager must have a certain level of authority and a mix of job duties involving the organization and the direction of other employees. An L-1B classification may be appropriate if the candidate possesses “specialized knowledge” essential to the company’s business affairs.
The second distinction in initial eligibility is the range of countries petitioners in both categories can hail from. difference between l1a and l1b has its origins in treaty requirements between the U.S. and certain foreign countries, a list of which can be found here. Each country must provide for reciprocal benefits for those who conduct trade with or invest in the other country. As such, E-1 and E-2 visas are only available to nationals of those countries where a bilateral investment treaty or treaty of commerce and navigation exists. There is no such requirement for L-1, for which, theoretically, any company from any country could qualify. Spouses of L-1 visa holders may apply for work authorization with U.S.C.I.S. to work in U.S. without restriction.
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2 Approved new offices get relief from this standard for one year. However, the exception disappears upon extension of stay for the L-1A as a manager or executive. The foreign and U.S. employers must be related, through at least 50 percent common ownership, as parent and subsidiary, affiliates, branches, or joint venture partners.