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Further information on L-1 visas:

The L-1 category can also be an option for employees being sent to the US to establish a subsidiary, parent, branch or affiliate company in the US. All L-1 visas involve a two-stage application process. Firstly, a petition must be filed with the relevant branch of the United States Citizenship and Immigration Service. Only once the petition is approved is the employee able to apply for a visa at the relevant US Embassy or Consulate. Petition approval times vary depending on which service centre is handling the matter and, in urgent cases, a premium processing option is available (at considerable extra cost!) Timing requirements need to be discussed on a case by case basis and any transfer into the US should be planned well in advance in order to meet deadlines.

In certain cases, a US employer may be able to file a blanket L-1 petition. Once approved, the process for transferring further employees to the US operation in the future is much quicker. Employment authorisation approval and a visa for the individual concerned can be obtained from the local Embassy or Consulate, without the need for a new petition to be approved by the relevant service centre in the US.

There are two types of L-1 visas. The L-1A visa is for the transfer of a senior Manager or Executive and the L-1B visa is for the transfer of a worker with specialised knowledge of the overseas company’s products and applications or processes and procedures. There is a limit to the number of consecutive years a person is allowed to stay and work in the US under L-1 status. Generally, Managers and Executives may stay in this classification for a maximum of seven years while specialised knowledge employees may stay for a maximum of five years. It is possible in certain circumstances for L-1B employees to switch into L-1A classification in which case they will also be allowed to stay for a maximum of seven years in total. Petitions for established companies are normally granted for a maximum initial period of three years. L-1A visa holders can then obtain a further two year extension, followed by a final two year extension. L-1B visa holders are only able to obtain a single further two year extension.

Accompanying family: Spouses, partners and children under the age of 21 who will accompany the employee to the US require L-2 visas. A separate petition is not required in order for them to obtain these but a visa application must be made at the relevant American Embassy or Consulate. A relatively recent development in US law allows for spouses of L-1 visa holders to work in the US, provided they have obtained the requisite employment authorisation. This process takes place through the relevant US Immigration and Citizenship Services Centre in the US and is normally applied for once the L-2 visa holder has arrived in America.

Permanent Residence: L-1A visa holders (and their family members) are eventually able to obtain Permanent Residence or “Green Cards” without having to undergo the resident labour market testing process known as Labor Certification. L-1B visa holders will only be entitled to apply for permanent residence once the company has been able to demonstrate that there is no qualified US citizen or permanent resident available to fill the position.