L nonimmigrant visa is a very good tool for the companies who have business abroad and in the United States to bring their employees as intra company transferee temporarily. L-1 visas are usually given to the aliens who worked at least one year in last preceding three years to the company abroad, and come to the United States to work for the same company, or its subsidiary or its affiliate in the capacity of manager, executive or in a position requiring specialized knowledge. It is important that the alien who would like to come on L-1 visa must have worked for the company abroad in managerial, executive, or in a position requiring specialized knowledge.
An alien may be admitted to the United States in L-1 status for the maximum initial period of stay of three years if he is coming to the United States to work for the existing company and for the maximum initial period of stay for one year if he is coming to the United States to work for a new company. The total period of stay might reach for seven years in increments of two years for the individuals who are in Managerial or executive positions (L-1A), and five years in increments of two years for the individuals who are in position that requires specialized knowledge (L-1B). An L-1 who resided in the United States for the completed authorized period of stay in the United States, seven years for managers or executives and five years for specialized knowledge professional, are barred from entering United States again in H or L nonimmigrant status until alien resided outside the United States for the period of one full year. Just Like H-1B visa holder, an alien in L status will be able to recapture the time he spent outside the United States towards his authorized period of stay in the United States.
Family members of L-1visa holder are entitled to enter into the country under L-2 visa status. Immediate family members include spouse and unmarried minor children under age 21. if child is married, or attained age of 21, is no longer eligible to remain in the United States in L-2 status. L spouses are allowed to obtain work authorization, and also allowed to undertake courses of study in the US.
L visa holders are entitled to adjust their status in the United States as it is a dual intent visa, and therefore intent of L visa holder at the time of entry into the United States is irrelevant. There is one important distinction between the aliens who came into the United States in Managerial or executive positions and the aliens who came to perform duties in specialized knowledge position. Aliens who came to the United States in Managerial or Executive positions are considered as priority workers, and therefore do not require labor certification to adjust their status through their employer as they are considered under first preference category in immigrant visas that has 40,000 visas allocated separately for every year. Aliens who came to the United States in specialized knowledge are not treated as priority workers, and therefore require labor certification in order to adjust status as permanent resident through his employer.
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