Requirements to Qualify for an L-1 Visa
An L-1 visa is one of the most advantageous non-immigrant visas available.
The requirements: To qualify for L-1 visa status and the residence that may be derived from it, the following requirements must be met:
1. the transferring executive must have been employed by a company outside the United States, in an executive or management position, for at least 12 consecutive months, during the 3 years immediately preceding the petition for an L-1 visa; an ownership interest coupled with active participation in management of the company, at least as an active member of the Board of Directors, will qualify;
2. the executive must be transferred from a company outside the United States with substantial business;
3. the company outside the United States must remain open and continue to do substantial business and have a substantial number of employees with one year of starting business operation or immediately prior to the date the visa applicant executive is transferred to the United States;
4. The company in the United States must have a substantial number of employees and at least one complete year in business.
5. the company in the United States to which the executive is transferred must have common ownership with the company outside the United States which has in the past three years, or is currently, employing the executive being transferred. (In this regard "common ownership" means: the company in the United States is a subsidiary of the company abroad because the company abroad owns 50% or more of the company in the United States; or, the company abroad is a subsidiary of the company in the United States; or, both companies have the same shareholders owning the same proportion of each company, which is referred to as "affiliate" ownership.)
Daniel B. Sibirskyis Florida Bar Board Certified as an expert in Immigration & Nationality Law.
He is listed in The Best Lawyers in America®.
Daniel B. Sibirsky
Tel. (305) 381-9797