L Visa and EB-1 for Intra-Company Managers and Executives
You might qualify for the L Visa if you are a manager or executive for a company in another country and worked for the company within the last three years for at least one year, and you are coming here to the US to work as a manager or executive for a parent, subsidiary, affiliate, or branch of the company that is in China or another foreign country.
What is the requirement for work?
At the time of admission to work in the US on the L-1 visa, you must have worked for at least one year for the company in the foreign country within the last three years as a manager or executive.
Can the U.S. company sponsor me for a Green Card after the L-1 Visa?
Yes, the US company must have been in operation for at least one year in order to sponsor you for a Green Card.
I own a company in China, can I start a company here in the U.S. for the L-1 Visa?
Yes, our law firm can help you with that. This process is more complex and would require what’s called a New Office L. You would need to have a comprehensive business plan, definite facilities ready for the “new office”, and show profitability in the business. You would have to renew the visa in a year as USCIS wants to make sure that your business is successful before giving you a L-1 Visa that is longer term.
Can my company in China purchase a company in the U.S. and sponsor me?
Yes. It also does not have to have the subsidiary relationship for 1 year to sponsor you for the Green Card, as long as the company has been in operation for at least one year.
Can my spouse work on the dependent visa?
The dependent visa, L-2, will allow your spouse to obtain Employment Authorization Documents and work while here.
What happens if there is a break in my work for the U.S. company?
New USCIS policy guidance states that the one year work for the foreign parent, subsidiary, affiliate, or branch company within the 3 years before your start your work as a manager/executive in the U.S. company must be “immediately before” your application for the Green Card or the temporary L visa. This means that if you were here working on L-1 for the U.S. company, then you take a break to work for an unrelated company for two or more years, you would have to work for another year abroad for the foreign parent, subsidiary, affiliate, or branch of the US company in order to qualify for the Green Card as a manager or executive of the US company. USCIS Policy Memo (March 19, 2018).