1. What is an L-1 Intra-company Transfer Visa?

An L-1 Intra-company Transfer Visa is a type of non-immigrant visa that allows multinational companies to transfer employees from a foreign office to a U.S. office. This visa category is specifically designed for executives, managers, or employees with specialized knowledge who work for a qualifying organization with offices in both the home country and the United States.

1. There are two types of L-1 visas:
a. L-1A visa is for managers or executives who are being transferred to the U.S. to oversee operations or manage a team.
b. L-1B visa is for employees with specialized knowledge who are being transferred to use their expertise in a U.S. office.

Overall, the L-1 visa program facilitates the transfer of key personnel within multinational companies, enabling them to work temporarily in the United States while continuing their employment with the same employer.

2. What are the eligibility requirements for an L-1 visa from France?

To be eligible for an L-1 visa from France, an individual must meet certain requirements:

1. The applicant must have been employed by a company outside the United States for at least one continuous year within the three years preceding the application.
2. The applicant must be seeking to enter the U.S. to work for a qualifying branch, parent, subsidiary, or affiliate of the foreign employer.
3. The applicant must be employed in an executive or managerial position (L-1A visa) or possess specialized knowledge (L-1B visa).
4. The U.S. employer must have a qualifying relationship with the foreign company, such as being a parent, subsidiary, or affiliate.
5. The employer must demonstrate the ability to pay the employee’s salary and provide a suitable position.

Meeting these eligibility requirements is essential for obtaining an L-1 visa from France to work in the United States.

3. How long does it take to process an L-1 visa application?

The processing time for an L-1 visa application can vary depending on several factors. Here is a general overview of the different stages and estimated timelines involved:

1. Regular Processing: On average, the processing time for an L-1 visa application through regular processing can take anywhere from several weeks to a few months. This timeline can be influenced by the current caseload at the USCIS office where the application is being processed, as well as any additional requests for evidence or delays in processing.

2. Premium Processing: For applicants who opt for premium processing, USCIS guarantees a 15-calendar day processing time. However, it is important to note that this timeline only includes the time USCIS takes to process the application and does not account for any potential delays caused by requests for additional evidence or other external factors.

Overall, it is recommended to consult with an immigration attorney or check the USCIS website for the most up-to-date information on processing times for L-1 visa applications.

4. Can an L-1 visa holder bring their family members to the United States?

Yes, an L-1 visa holder can bring their family members to the United States. This includes the spouse and unmarried children under the age of 21. The spouse and children can apply for an L-2 visa, which allows them to accompany the L-1 visa holder to the U.S. and also grants them permission to study or work in the country. It is important to note that L-2 visa holders are dependent on the primary L-1 visa holder’s status, so if the L-1 visa holder’s status is terminated, the status of the family members on L-2 visas may also be affected. To avoid such issues, it is advisable to consult with an immigration attorney or expert for guidance on maintaining status and complying with all relevant regulations.

5. Can an employee on an L-1 visa apply for a Green Card?

Yes, an employee on an L-1 visa can apply for a Green Card, also known as lawful permanent residence, through the process of employment-based immigration. Here are important points to consider:

1. Eligibility: To apply for a Green Card while on an L-1 visa, the employee must meet certain eligibility criteria, such as having an approved immigrant petition based on employment and a current priority date.

2. Employment Sponsorship: In most cases, the Green Card application process for an L-1 visa holder will require sponsorship from the employer. The employer will need to file a Form I-140, Immigrant Petition for Alien Worker, on behalf of the employee.

3. Adjustment of Status or Consular Processing: The L-1 visa holder can pursue a Green Card through either adjustment of status (if eligible) while in the United States or consular processing if outside the country.

4. Priority Dates: The availability of immigrant visas is determined by priority dates, which can impact the timing of the Green Card application process. L-1 visa holders must wait for their priority date to become current before proceeding with the Green Card application.

5. Other Requirements: The employee will need to meet all other requirements for obtaining a Green Card, including passing a medical examination, submitting to a background check, and demonstrating admissibility to the United States.

Overall, while it is possible for an employee on an L-1 visa to apply for a Green Card, the process can be complex and may require careful planning and coordination with the employer and legal counsel to navigate successfully.

6. Can an employee on an L-1 visa change employers in the United States?

No, an employee on an L-1 visa cannot change employers in the United States. The L-1 visa is specifically tied to the sponsoring employer, meaning that the employee can only work for the company that petitioned for their visa approval. If the employee wishes to change employers, the new employer would need to sponsor them for a new L-1 visa or another type of work visa. It is important for L-1 visa holders to maintain their employment with the sponsoring company to remain in compliance with immigration regulations and avoid jeopardizing their legal status in the United States.

7. What is the maximum length of stay on an L-1 visa?

The maximum length of stay on an L-1 visa varies depending on whether the visa holder is classified as an L-1A or L-1B beneficiary. L-1A visa holders can stay in the United States for a maximum initial period of up to three years, with the possibility of extending their stay up to a total of seven years. On the other hand, L-1B visa holders can also initially stay for up to three years but can extend their stay for a maximum of five years. It is important to note that these maximum durations include both the initial stay and any extensions granted by the United States Citizenship and Immigration Services. Extensions beyond the maximum allowable stay may be possible in certain circumstances, such as if the visa holder is seeking lawful permanent residency in the U.S.

8. What is the difference between L-1A and L-1B visas?

The main difference between the L-1A and L-1B visas lies in the type of employees they cater to within the framework of intra-company transfers.

1. L-1A visa is for managers or executives being transferred from a foreign company to a related U.S. entity to oversee operations, whereas the L-1B visa is for specialized knowledge employees being transferred to the U.S. for a specific project or purpose.
2. The L-1A visa typically requires the employee to have managerial or executive responsibilities, while the L-1B visa requires the employee to possess specialized knowledge about the company’s products, services, processes, or procedures.
3. Additionally, the L-1A visa may lead to a longer maximum stay in the U.S. compared to the L-1B visa.

Overall, the key distinction between the L-1A and L-1B visas lies in the roles and responsibilities of the employees being transferred within an organization.

9. Can a small or medium-sized company in France sponsor an employee for an L-1 visa?

Yes, a small or medium-sized company in France can sponsor an employee for an L-1 visa. Here are some key points to consider:

1. French companies, regardless of size, can sponsor an L-1 visa as long as they have a qualifying relationship with a related company in the United States. This relationship can be in the form of a parent company, branch, subsidiary, or affiliate.

2. The French company must demonstrate that both the French entity and the U.S. entity are actively doing business and have a qualifying relationship, such as common ownership or control.

3. While larger companies may have more resources to navigate the L-1 visa process, smaller or medium-sized companies can still sponsor L-1 visas as long as they meet the necessary criteria and requirements set by U.S. Citizenship and Immigration Services (USCIS).

It’s important for the French company to work closely with immigration experts or attorneys who specialize in L-1 visas to ensure a smooth and successful application process.

10. Are there any restrictions on the type of work that an L-1 visa holder can do in the United States?

1. Yes, there are restrictions on the type of work that an L-1 visa holder can do in the United States. The L-1 visa is designed for intra-company transferees who are employees of a multinational company with offices in both the U.S. and another country. The visa allows them to work in the U.S. in either a managerial or executive position (L-1A visa category) or in a specialized knowledge capacity (L-1B visa category) for the same employer or its affiliate, subsidiary, or branch office.
2. L-1 visa holders are expected to fulfill the job responsibilities and duties specified in their visa application, which are approved by the U.S. Citizenship and Immigration Services (USCIS). They are not permitted to engage in any work that falls outside the scope of their approved job description or for any other employer not related to their sponsoring company.
3. Additionally, L-1 visa holders are not allowed to start their own business or work as independent contractors while on this visa. Violating these restrictions can lead to severe consequences, such as visa revocation, deportation, and being barred from re-entering the U.S. in the future. It is essential for L-1 visa holders to comply with the regulations and limitations imposed on their work activities to maintain their legal status in the United States.

11. Can an L-1 visa holder study in the United States?

Yes, L-1 visa holders are allowed to study in the United States while maintaining their visa status. However, there are certain limitations and considerations they should be aware of:

1. L-1 visa holders are primarily in the U.S. to work for the sponsoring company that transferred them. Therefore, any study activities should not interfere with their work commitments.

2. If the L-1 visa holder wishes to pursue a full-time academic program, they may need to change their visa status to a student visa such as an F-1 visa.

3. Additionally, L-1 visa holders should ensure they comply with the rules and regulations of their visa status, such as maintaining their employment with the sponsoring company and not engaging in unauthorized work.

Overall, while L-1 visa holders can study in the U.S., they should be mindful of the impact it may have on their visa status and ensure they follow the necessary procedures to stay compliant with immigration laws.

12. What happens if the French company sponsoring the employee goes out of business?

If the French company sponsoring the employee goes out of business, the L-1 visa status of the employee may be jeopardized. In this situation:

1. The employee may no longer have a valid job offer from the sponsoring company, which is a requirement for maintaining L-1 status.
2. The employee may need to find another qualifying employer to sponsor them for a new L-1 petition or consider alternative visa options if they wish to remain in the U.S.
3. The employee should seek guidance from an immigration attorney to explore available options and ensure compliance with immigration regulations.

It is important for employees in this situation to act promptly and seek legal advice to navigate the complexities of maintaining their immigration status in the United States.

13. What taxes does an L-1 visa holder have to pay in the United States?

An individual holding an L-1 visa in the United States may be subject to several types of taxes, including:

1. Federal Income Tax: L-1 visa holders are generally required to pay federal income tax on income earned while working in the United States. This tax is based on the individual’s total income and is typically filed annually with the Internal Revenue Service (IRS).

2. State Income Tax: In addition to federal income tax, L-1 visa holders may also be subject to state income tax, depending on the state in which they reside or work. State income tax rates and regulations vary by state, so it is important for L-1 visa holders to understand the tax requirements of the state in which they are living and working.

3. Social Security and Medicare Taxes: L-1 visa holders are typically required to pay Social Security and Medicare taxes, also known as FICA taxes, on their income. These taxes are typically withheld from the employee’s paycheck and are used to fund social security and healthcare programs in the United States.

4. Local Taxes: Depending on the city or locality in which an L-1 visa holder resides or works, they may also be subject to local taxes such as city or county income taxes. It is important for L-1 visa holders to be aware of any local tax requirements in their area.

It is important for L-1 visa holders to understand their tax obligations in the United States and to ensure that they are compliant with all federal, state, and local tax laws. Consulting with a tax professional or accountant who is familiar with the tax implications for visa holders in the U.S. can help ensure that the individual meets all tax requirements and avoids any potential issues or penalties.

14. Can an employee on an L-1 visa travel outside the United States and re-enter?

Yes, an employee on an L-1 visa can travel outside the United States and re-enter, provided they have the necessary documentation and have maintained their L-1 visa status. Here are some key points to keep in mind:

1. Before traveling outside the U.S., the employee should ensure their L-1 visa stamp in their passport is valid for re-entry.
2. It is recommended to carry the original Form I-797 approval notice and other relevant documents when traveling.
3. Upon returning to the U.S., the employee should present their valid passport, L-1 visa stamp, and Form I-94 for re-entry inspection.
4. It is important to comply with any other requirements imposed by U.S. Customs and Border Protection (CBP) at the port of entry.

Overall, as long as the employee follows the necessary procedures and has valid documentation, they can travel outside the U.S. and re-enter while on an L-1 visa.

15. Can an employee on an L-1 visa switch to another nonimmigrant visa status?

Yes, an employee on an L-1 visa can potentially switch to another nonimmigrant visa status under certain circumstances. Here are a few scenarios where such a switch might be possible:

1. If the employer wishes to sponsor the individual for a different visa category that they qualify for, such as an H-1B visa for specialized workers.
2. If the employee’s circumstances change, such as marriage to a U.S. citizen or receiving an offer of employment from a different company that is willing to sponsor a different visa status.
3. If there are issues with the L-1 visa (e.g., the company closes its U.S. office) that necessitate a change to maintain legal status in the United States.

In any case, it is crucial to consult with an immigration attorney or expert to navigate the process effectively and ensure compliance with immigration laws and regulations.

16. Can an L-1 visa holder apply for a work permit in the United States?

Yes, an L-1 visa holder in the United States can apply for a work permit, also known as an Employment Authorization Document (EAD), to allow them to legally work for any employer in the country, not just their sponsoring employer. To apply for an EAD, the L-1 visa holder must submit Form I-765, Application for Employment Authorization, to U.S. Citizenship and Immigration Services (USCIS). The L-1 visa holder should meet the eligibility requirements and follow the application process outlined by USCIS, which may include providing necessary documentation and paying the required fees. Upon approval of the EAD application, the L-1 visa holder can work for any employer in the United States until the EAD expires.

17. What is the “blanket L-1 visa” program?

The “blanket L-1 visa” program is a facilitative program that allows multinational companies to transfer eligible employees to the United States quickly and efficiently. Under this program, pre-approved companies can petition for multiple employees to be transferred under the L-1 visa category without needing to file individual petitions for each employee. This streamlines the process and saves time and resources for both employers and the USCIS. In order to qualify for the blanket L-1 visa program, a company must meet specific criteria set by the USCIS, including having a certain level of annual L-1 visa approvals, a U.S. presence for a certain period, and meeting other requirements related to corporate structure, ownership, and operations. Companies that have been granted a blanket L-1 petition can use it for eligible intra-company transfers to the U.S. for a specified period, usually up to three years initially, with the option of extensions. The blanket L-1 visa program is designed to facilitate the transfer of key personnel within multinational organizations and promote international business operations.

18. What happens if the employee’s position in the U.S. company is terminated?

If an employee’s position in the U.S. company is terminated while they are on an L-1 Intra-company Transfer Visa, several important steps and considerations must be addressed:

1. Notify USCIS: The U.S. employer is required to notify U.S. Citizenship and Immigration Services (USCIS) of the termination of the L-1 visa holder’s employment.

2. Grace Period: The L-1 visa holder may be entitled to a grace period of up to 60 days (or potentially longer) to either depart the U.S., transfer to another employer, or change to another visa status.

3. Change of Status: The terminated employee may explore changing their visa status to another category, such as switching to a different work visa, student visa, or tourist visa, to maintain legal status in the U.S.

4. Departure from the U.S.: If the terminated employee cannot secure another job or visa status within the grace period, they must depart the U.S. Failure to do so could have negative implications for future visa applications.

It is crucial for both the employer and the employee to adhere to all relevant immigration laws and regulations to ensure compliance and avoid any potential legal issues.

19. Can a U.S. company with multiple offices in different countries sponsor an employee for an L-1 visa from France?

Yes, a U.S. company with multiple offices in different countries, including one in France, can sponsor an employee for an L-1 visa. To be eligible for an L-1 visa, the employee must have worked for the company abroad for at least one continuous year within the preceding three years in an executive, managerial, or specialized knowledge capacity. The U.S. company can sponsor the employee for either an L-1A visa for executives and managers or an L-1B visa for employees with specialized knowledge. The company will need to demonstrate a qualifying relationship between the U.S. and foreign entities, such as being a parent, subsidiary, affiliate, or branch office. Additionally, the U.S. company must show that the employee’s role in the U.S. will be in an executive, managerial, or specialized knowledge capacity within the company.

20. Are there any limitations on the number of extensions an L-1 visa holder can receive?

There are limitations on the number of extensions an L-1 visa holder can receive. An L-1 visa holder can generally stay in the U.S. for a maximum of 5 or 7 years, depending on whether they are on an L-1A (managerial or executive) or L-1B (specialized knowledge) visa respectively. However, extensions beyond this initial period are possible under certain circumstances.

1. L-1 visa holders can apply for extensions in increments of up to two years at a time, with a maximum total stay of 7 years for L-1A holders and 5 years for L-1B holders.
2. Extensions beyond the maximum allowable period may be granted in certain cases if the visa holder is in the process of applying for lawful permanent residence (green card) and meets specific criteria.
3. It is important to note that extensions are subject to approval by U.S. Citizenship and Immigration Services (USCIS), and the visa holder must continue to meet the requirements for the L-1 visa category throughout their stay in the U.S.

Overall, while there are limitations on the number of extensions an L-1 visa holder can receive, there are provisions for extending their stay under certain circumstances, particularly for those in the process of obtaining permanent residency.