If you are running a multinational company and looking for a worker who can fill a position in the United States, the perfect candidate could be one who already works for you in a foreign office. It is possible to bring over a worker if they have the specialized knowledge needed for a position, but not every foreign worker can qualify. You should talk to our Virginia L-1 visa attorneys to learn more about what can be done.
What Kind of Worker Can Be Brought Over From a Foreign Office?
To qualify for an L-1 nonimmigrant visa, an employee must be considered an executive or manager. They are in a high position that requires specific knowledge. Simply put, it should be obvious that not just anyone would be able to step into this role. It’s also usually easier for the worker to qualify for this type of visa if they have been with the company for more than one year.
Employers who petition for such visas also need to meet certain criteria. They must have a qualifying relationship with a foreign company and they have to do business as an employer in the United States and at least one other country. The employer needs to show that they will be doing business in the US for at least as long as the L-1 visa holder’s initial stay will last.
Can a Worker From a Foreign Office Run a New Office?
An L-1 visa holder can also work for a foreign firm that wants to open a new office in the United States. There just needs to be a premises for the new office and the company needs to show that it can afford to do business in the US and pay the L-1 visa holder to do their job.
How Long Can L-1 Visa Holders Stay?
How long a worker from a foreign office can stay in the United States depends on which type of L-1 visa they qualify for. Workers with an L-1A visa or L-1B visa get an initial stay of one year if they are here to establish a new office. The initial stay for other employees lasts for three years.
L-1A visa holders can extend their stay in increments of up to two years. The maximum length of their stay cannot exceed seven years. L-1B visa holders can also request extensions in increments of up to two years, but their stay can not exceed five years.
Can Family Members of L-1 Visa Holders Come to the US?
Spouses and unmarried children under 21 years of age can ask for L-2 classification. Their stay can last as long as their relative’s L-1 visa. Spouses of L-1 visa holders are often able to apply for work authorization as well.
Contact Our Immigration Lawyers
If you are an employer with questions about how to bring workers with valuable skills to the United States, contact Goel & Anderson. We can schedule a consultation and tell you more about your options.
