L1 Visa Requirements, USA 2020

Throughout this video, Immigration Lawyer Gerardo Menchaca will be reviewing the requirements to obtain the L1 Visa.

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L1 – Requirements


Let's talk about the L1 visa, what exactly does it require to apply?

The L1 visa is to transfer personnel or even the owners of the company themselves from a company outside of the United States to a company inside the United States so the first two requirements are that there be a company outside of the United States and that there be a company inside the United States.

And the company outside of the United States can be from any country?

Absolutely, there's no limitation as to which country the company outside the United States based out.

Okay so what else?

Then the two companies need to be related, they need to be part of the same corporate group, so to speak.

So one can be the affiliate of another, one can be the subsidiary of another or it can even be the same company same corporation that has a presence in that inside the United States and outside the United States.

Is there any other requirements that it needs?

Sure, you as the applicant needs to have worked for the company outside of the United States for at least one continuous year during the last three years and there are some exceptions to that but the general rule is that you know the words you need to have worked for the company outside the United States to be transferred to the company inside of the United States.

Okay, what else?

Your position outside of the United States needs to be that of a manager or an executive that's what the law says.

But let me break this down for you in simple terms, what those mean is that you need to be a decision maker on behalf of the company that you need to have the power to make the important decisions on behalf of the company right such as hire people, fire people, hire external companies, lawyers, accountants, marketing firm so on, sign important contracts leases etc.

Right, and you need to be a decision maker, you need to be boss and then you also need to be the supervisor of other people or person or one person even who is a decision maker themselves.

Ok. So if you come to my office and say do I qualify?

I would say well tell me about the decisions that you make on behalf of the company and we go through and figure out of those are important decisions and if the answer is yes then we would look now to your subordinates and say which one your subordinates is also a decision maker would go to the same analysis about your subordinate, and if we can find that you are a decision maker and that you supervise the decision makers then you’re good.

That sounds simple enough.

Sure.

What other requirements does this visa need?

It also requires that you be coming to the United States to work in the U. S. company in a high level position again as a manager or an executive which means again the supervisor of another supervisor.

Ok, and does this mean that from the company that I'm coming from outside of the United States, my position has to be the same one in the company inside of the United States?

No not at all, for example I have a client who is the vice president of the company outside of the United States, and is coming to be the president of the company inside the United States.

So different position, but both qualify because he is a decision maker who supervises decision makers outside and a decision maker who supervises decision makers inside the United States.

So in my understanding is that I have to be a boss of a decision maker what else?

So, yes you have to be the boss of a decision maker in the company outside and be coming in the United States to be the boss of a decision maker in the company in the United States.

The other requirement is that both companies continue to do business, that they be actively doing business.

So some companies are shutting down the division outside the United States and moving everything inside, that would not qualify you because at that point the company outside is no longer operate.

Both companies need to be actively to business and that's it those are the main requirements

Thank you attorney Menchaca.

My pleasure.