Benefits of the L-1 Visa

The L nonimmigrant visa category is one of the most useful tools available to international companies who need to bring qualified foreign employees to the United States. L visa holders do not have to maintain a foreign residence during their U.S. stay, and may seek permanent residency and still maintain L status. Filing a petition for permanent residence status will not negatively impact L status, as the L visa is understood to be dual intent. Family members of the L-1 alien, classified in the L-2 category, may be granted authorization to work in the United States after being granted an Employment Authorization Document (EAD). If a few basic requirements are met, the company can gain access to the many advantages of the L visa category.

Compared to an E visa

An E visa can also be used by small companies to bring employees to the United States. An E visa is available only when the following three conditions are met:

  • A treaty must exist between the United States and the foreign country under whose treaty the E status is sought;
  • Majority ownership or control of the investing or trading company must be held by nationals of the foreign country under whose treaty the E status is sought;
  • Each employee or principal of the company who is seeking the E status pursuant to the treaty must hold citizenship of the country under whose treaty the status is sought.

    • At the present time, there are many countries that do not have such treaties with the United States. For those countries, an E visa is simply not available and an L visa might be a good alternative.

Compared to a B visa

Generally speaking, a B-1 visa can be used for some business activities such as the opening of bank accounts, acts of incorporation, signing of contracts, and the like. A B-1 visa is particularly helpful during the inception stages of setting up a U.S. business.

However, a B-1 visa holder cannot work in the U.S. Unless another visa with employment authorization is obtained, employment is a violation of status, meaning when business activity has advanced to such a degree that it constitutes local employment, the B-1 holder will be unable to fulfill such duties, which will risk violating status.

Compared to H Visa

An H visa is very similar to an L visa in many aspects, such as the limitation on the accumulated authorized period of stay and petition procedure. The major difference is that the employment privilege granted to an L visa holder, in theory, cannot be substituted by a U.S. worker. Therefore, an L visa holder is not required to be paid the prevailing wage for the position he or she assumes. Furthermore, the H visa is subject to an annual quota and requires a bachelor’s degree. In contrast, one does not need a degree for the L-1A visa, nor is the L-1 visa subject to an annual quota.

EB-1(c) category considerations

A specific employment-based immigrant preference category (EB-1C) was created for managers and executives who meet the L-1 standards and are interested in becoming lawful permanent residents (LPRs). These aliens are considered "priority workers" in the first preference, which is allotted 40,000 annual immigrant visas. Although L-1A status is not a prerequisite for immigrant benefits in this category, the immigrant petitioner’s prior L-1A status provides a stronger case for the EB-1C immigrant petition.

For more information on L visa, please refer to the following links: