L1 Visa in the USA is a permit. This visa allows companies that have offices both in the United States of America and in other countries to transfer their hired workers to offices in the United States. The document is valid for seven years.
The US representative must contact the Naturalization and Immigration Management Branch for an L1 visa in order to transfer their employee or employees to a branch located in the United States from an office abroad. When a business visa is issued for the first time, its validity in most cases is no more than three years.
Description
This document allows you to enter and stay in the United States of America. The purpose of the visa is to control and allow citizens of other countries to visit the United States to carry out their work activities.
An L1 visa is not an immigration visa, but its holder has the full right to apply for a residence permit in the United States of America. But to submit a petition, he must work in the United States for at least one year. These permits are not issued to ordinary employees. An employee of a company with at least a special education can obtain a visa.
Purpose of the document
According to the laws of the United States of America, this category of visas is a tool for the official transfer of citizens of other countries to the branches of American companies in the United States. The government of the state has developed certain principles on the basis of which a distinction is made between the L1 visa and other categories of permits.
American law states that an L1 visa holder in the USA does not have the right to choose his own job. An American petition company has the exclusive right to its employee. In the event that an employee who has arrived at the American office under document L1 loses his job, he will lose his visa along with it. Then he needs to leave the United States on time. If the employee, deprived of a work permit, decides not to leave the territory of the United States of America, he will be deported from the country. In the event of attempts to hide from law enforcement, an arrest is possible.
Who is given the L1 visa?
There are two types of workers who can get an L1 visa. These are top managers and specialized educated employees.
Responsibilities of managers include monitoring the actions of office employees. The manager is responsible for the activities of his wards. This category of employees can get a visa for the first time for a period of three years, and then a permit can be extended up to seven years.
As for workers with special education, these include employees who are familiar with the products manufactured by the enterprise, as well as with the services provided, technology, management, production and other processes. That category of personnel also receives a visa for three years, but it can be extended for up to five years.
After the visa expires, the employee must work outside the United States for one year before applying for a new visa in the United States.
Visa advantage
L2 and B2 permits are similar to L1, but they do not allow the owner to stay in the United States of America for more than six months without leaving the country. There may also be a problem with obtaining a visa to the United States in the event that a businessman leaves the state after 5-6 months in the country.
The L1 visa in the USA completely solves this problem. This document allows you to reside and work in the United States of America without leaving the country for one year.
Terms of issue
It's no secret that the L1 visa to the United States is not given to anyone. There are several requirements that an enterprise and its foreign employee must meet in order to receive a document. These conditions are mandatory for all employees and for all companies.
Firstly, the applicant for the permit must work for at least 36 months in the foreign branch of the American company, in addition, at least 12 out of 36 months, he must work as a specialist or higher.
Secondly, an enterprise that wishes to transfer an employee from abroad to its office must be the parent or subsidiary of the company from which it is planned to take an employee. Thirdly, the L1 visa applicant in the United States must hold a leadership position or be an expert.
Regarding the last point, there is a small snag. A feature of American labor law is that in the United States the concepts of “manager”, “leader” and “specialist” may differ from the meanings of these terms in the labor laws of other countries. Since a visa is issued to enter the territory of the United States of America, it is US labor law that should be used to determine employee status.
What is a manager?
American labor law suggests that a manager is the person who runs the entire company or its individual departments. He must have subordinate employees of the enterprise who are specialists or occupy a lower status in the organization.
The manager has the right to sign documents, he can make decisions on personnel policy and make recommendations that can affect the decision-making of other employees of the company. In addition, the post of manager may mean an administrator who provides daily functioning and management of a branch of an enterprise or part of it.
Who is a specialist
The specialist must have certain knowledge of the company's products, its capacities and technologies. He is obliged to have information about what place the company occupies in domestic and foreign markets; know all about the risks that an organization may face in the process of carrying out its operational activities.
The specialist’s duties also include working with analytical forecasts of the company's experts regarding the market situation. He must be familiar with all the documents of the company of a technical and financial nature.
What is a leader?
Head - this is the employee of the company, which manages the entire company or its individual branch. He is responsible for the effectiveness of certain areas of the organization.
The leader may, at his discretion, make decisions, develop a development strategy for the company, its policy, as well as plan the business. Wagging of senior management on the activities of the leader can only be advisory in nature.
Documents for L1 visa
Filing a visa in the United States for businessmen involves the collection of a large number of documents that are mandatory. First, the applicant must have a passport whose validity expires no earlier than six months after the expiration of the permit.
Secondly, you need to fill out a US visa application form.This questionnaire is filled out electronically and is immediately a statement. US Visa Application Form - DS-160. The applicant must also provide one photograph measuring 5 x 5 centimeters. A photo must be taken no earlier than 6 months before applying for a visa.
Another required document for an L1 visa is the I-129 petition, which is submitted by the employer. In addition to her, the applicant must submit a certificate from the US Immigration and Citizenship Service, which approves the I-797 petition.
The following documents are standard. This is a receipt that a fee has been paid at the consulate; invitation for an interview; confirmation of financing; employee qualification documents; documents that confirm the position and salary, as well as work experience. Also, an applicant for an L1 business visa in the United States must submit a resume, a work book with a copy, salary certificates and telephone numbers of HR departments from the current workplace and from the future.
DS-160
When filling out the DS-160 questionnaire, the following requirements must be considered:
- The application form must indicate the US embassy or consulate where the interview will be held.
- The name, patronymic and surname of the visa applicant are written in accordance with the transliteration rules.
- All answers to these questions must be given in English.
After filling out the visa application form, the applicant will receive a barcode, which is a confirmation. It must be printed out and taken with you for an interview at the US Embassy or Consulate.
Cost and terms
To obtain a visa to the United States for Russians, you must pay a fee at the US Consulate. It is paid regardless of whether a visa is issued or the applicant is refused. The consular fee is 190 US dollars. Payment of the fee for obtaining a visa to the United States for Russians can be carried out by Russian Post (cash) or by card (online).
You also need to pay $ 500 as a fee for identifying and preventing fraud. This amount must be paid at the consulate itself. Thus, the cost of an L1 visa will be $ 690.
An application to the consulate must be submitted at least three months before the trip. The examination of the application by the embassy is quick. The processing speed is affected by the veracity of the data specified in the application.
The issuance date of a permit or visa denial may be delayed due to consideration of an employer petition in the United States of America. The total period from receipt of an application to a decision is at least three months.
Petition at the Immigration Service
The service must provide documents that could confirm the fact of the existence of the company in the Russian Federation and its relationship with the American company.
Documents that confirm the existence of a company in the Russian Federation are:
- organizational structure of the company;
- information on registration of the enterprise;
- memorandum of association;
- list of company owners;
- Applicant's current position
- data from the bank confirming the existence of an account.
The American side is also required to submit certain data to the Service. These include the following:
- a bank account with 25 to 50 thousand dollars;
- corporate book;
- company registration data in the United States of America;
- tax registration number;
- quarterly and annual financial statements;
- business plan;
- report from the bank for the last three months;
- organizational structure;
- future position of visa applicant.
Among other things, an L1 US visa applicant must submit several of their documents:
- recommendation issued by the company;
- confirmation of experience;
- an order from a company in the United States that states that the applicant has been given a position in the company;
- copies of the diploma;
- data on work experience as manager.
These documents are required to be submitted to the Immigration Service. In addition to them, service employees may require other documents that would confirm the data of interest to the service. The more documents the applicant can submit, the higher his chances of getting a positive result.
Renouncement
Very often applicants receive a negative decision. The causes of failures are most often the following facts:
- threat to national security;
- violation of law;
- lack of cash;
- Indication of false data in the application;
- violation of immigration laws;
- incorrect filling in of documents or lack thereof.