How to Get a L-1 Visa for Intra-Company Transfers in South Carolina

How to Get a L-1 Visa for Intra-Company Transfers in South Carolina

The L-1 visa is a non-immigrant visa that allows companies to transfer employees from an overseas branch to a U.S. branch, affiliate, or subsidiary. If you're considering obtaining an L-1 visa for intra-company transfers in South Carolina, understanding the process is essential. This guide will break down the key steps and requirements you need to follow.

Types of L-1 Visas

There are two primary types of L-1 visas:

  • L-1A Visa: For managers and executives.
  • L-1B Visa: For employees with specialized knowledge.

Eligibility Requirements

Before initiating the application process, ensure that both the employee and the company meet specific eligibility criteria:

  • The employee must have worked for the overseas office for at least one continuous year within the last three years.
  • The company must have a qualifying relationship with both the U.S. and foreign offices, such as parent companies, subsidiaries, or affiliates.
  • The employee must be coming to the U.S. to engage in managerial, executive, or specialized knowledge duties.

Application Process

The application process for an L-1 visa involves several steps:

1. Filing the Petition

The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form will require information about the company, the employee, and the nature of the position being offered in the U.S. Ensure that all supporting documentation, including evidence of the business relationship and the employee's qualifications, is included.

2. USCIS Approval

Once the petition is filed, USCIS will review it and, if approved, issue a Notice of Action. This notice will provide details about the petition approval, which the employee will need for their visa application.

3. Visa Application

After the petition is approved, the employee must apply for the L-1 visa at a U.S. consulate or embassy. This process involves submitting Form DS-160, Online Nonimmigrant Visa Application, and scheduling an interview. During the interview, applicants must present the approved Form I-129, a valid passport, and any additional documents requested by the consulate.

4. Attend the Visa Interview

During the visa interview, applicants should be prepared to answer questions about their employment history, the company, and their role in the U.S. office. Providing complete and truthful answers is essential, as this will significantly impact the outcome of the visa application.

Processing Times and Fees

The processing times for an L-1 visa can vary significantly, ranging from a few weeks to several months, depending on the workload of the USCIS and the U.S. consulate involved. Additionally, applicants should be aware of the fees associated with filing Form I-129 and the visa application fees, which can change periodically, so it is advisable to check the most current fees on the USCIS and consulate's websites.

Advantages of the L-1 Visa

Obtaining an L-1 visa comes with several advantages:

  • Ability to work in the U.S. for valid periods of up to three years for L-1A visa holders and one year for L-1B visa holders, with possible extensions.
  • Spouses and children of L-1 visa holders can apply for L-2 visas, allowing them to live and study in the U.S.
  • The opportunity for dual intent, meaning holders can apply for a Green Card while on an L-1 visa.

Conclusion

Obtaining an L-1 visa for intra-company transfers in South Carolina can be a rewarding pathway for businesses and their employees. By following the proper steps and ensuring compliance with the eligibility requirements, companies can facilitate smooth transfers of key personnel to enhance their operations in the U.S.