Being a manager or executive of a multinational company comes with the potential of working in the US. Such a privilege opens the possibility of bringing the family along and stay there for good.
For such a reason, it is fitting to get an L1 Visa and become eligible for its benefits. However, the procedures are not that easy because they require company support to pull them off.
Therefore, this L1 Visa Guide is perfect for educating you regarding the L1 Visa application. Delve into the issue and learn more.
First of all, like a work visa, L1 Visa requires that you work full-time for a multinational company either as a manager, executive, or someone vital in the company’s operation.
Multinational companies are huge business entities or organizations with subsidiaries, branches, extensions, and affiliates around the globe, including the US. Concerning L1 Visa, your current employer has a counterpart in America.
Consequently, this condition satisfies the requirement of a qualifying relationship existing between the US and foreign companies. In other words, the US partner company is the sponsor petitioning the worker, legally assuming as the beneficiary.
Full-time Work Status
The US Immigration law defines full-time work as working at least 35 hours per week for an entire year with no interruptions. It implies that the worker has no visit in the US within that year regardless of the purpose. Also, the full-year tenure must be within the last three years before the date of filing the petition.
This criterion prohibits the sponsoring company from hiring foreigners if there are locals available. Thus, establishing the tenure of the foreign worker in the company dismisses the allegation of competing with American applicants.
Executive or Manager
Federal Immigration denies L1 Visa applicants declared as managers or executives yet with job descriptions containing day-to-day tasks. Such workloads are not management or executive functions, according to them.
Instead, managers hold a subcomponent or branch of the same company, who exercises broad discretionary powers, including hiring or firing employees. Supervisors or first-line superiors are not the same as managers because they don’t exercise the same responsibilities.
Meanwhile, executives have more authority over managers. They don’t just lead or manage a branch or extension, but they head one of the company’s primary functions. Thus, they establish vision, goals, and policies.
Individuals who possess advanced knowledge are those employees who are vital to the company. They are either those who develop the company’s secret formulations, products, marketing strategies, data management system, etc., with their advanced and unique knowledge.
Not to mention, their capability contributes to the company’s profitability significantly. It is as if the company is at an immense risk of failing without these critical persons.
Yet, the law does not require them to show minimum educational background to qualify. Instead, the company needs to prove the extreme relevance of this employee’s knowledge.
Benefits of L1 Visa
Amidst the challenging requirements passed on the company, the worker, as the beneficiary, may enjoy the following.
Typically, non-immigrant visas require applicants to demonstrate the intent to depart once’ their visa loses its validity, either through expiration or unable to sustain the requirements.
On the contrary, L1 Visas grant holders with dual intent either temporarily stay or apply for immigration to become green card holders and assume permanent residency in the US.
Nevertheless, there is no extension on the duration of stay imposed on the L1 Visa, as well as renewal.
Spouse and Children’s Eligibility
Fortunately, US immigration also grants eligibility to L1 Visa Holders’ spouses and children. Their dependent visa allows work authorization for the spouse while studying in any US school for the children. However, provided that the children are single and below 21 years old.
The requirements for an L1 Visa application are pretty ambitious. You need to be a manager or executive or be the most brilliant guy in the room. And, you’re in a multinational company and not simply somewhere down the road.
In other words, you need to become excellent and exemplary in what you do. Therefore, consistent personal development and upgrading are necessary to climb the ranks. After all, this is what you need to get an L1 Visa.