The L1 visa has been highlighted as one of the best options for companies that want to transfer their top executives to the United States.Focused on managers, administrators and employees with specialized knowledge, this visa offers the possibility of boosting the expansion of corporate operations in the American market.
L1 Visa Types
L1 is divided into two categories: L1A, intended for managers and executives, and L1B, aimed at employees with specialized knowledge. Both types require that the applicant has worked for the company abroad for at least 12 months in the last three years. Continuing employment is an indispensable requirement to ensure that the transfer process is legitimate and accepted by the American authorities.
In the case of the L1A, the applicant must have exercised a leadership or management function, being responsible for strategic decisions. The L1B, in turn, allows the transfer of professionals whose specialized knowledge is essential for the operation of the company in the USA, even if they do not occupy management positions.
Transfer of executives and connection between companies
According to Daniel Toledolawyer specializing in International Law, founder of Toledo & Associates, international law firm with units in Brazil and the United States, a key aspect of the L1 visa is the relationship between the American company and its parent or affiliate abroad.“A company in the USA must be a subsidiary, affiliate or affiliate of the foreign organization. This means that both companies must have a clear link, and the company abroad must continue operating for the L1 visa to be valid”, he reveals.
Another important point is that the company in the USA must be properly structured and in operation. “It is not enough to have a business plan. The organization needs to be prepared for the executive or specialized employee to assume their functions immediately. This rule seeks to prevent ghost companies or without real activity from using the L1 visa improperly”, he points out.
Operational capacity and validity of the visa
According to Toledo, the company in the United States needs to be fully operational, with real conditions to sustain the planned growth and absorb the transferred executive.“It was formerly common for companies to present only future plans to obtain the L1, but the requirements have become more stringent. Now, it is necessary to demonstrate that the company has the ability to maintain its operations immediately”, he says.
The L1 visa has an initial validity of up to one year for new companies and up to three years for established companies. This validity can be extended, totaling a period of up to seven years in the case of L1A and five years for L1B.
Benefits for spouses and children
The lawyer points out that this visa category allows the spouse and children under 21 years old to accompany the holder through the L2 visa.“The spouse has the right to work legally in the United States, and children can attend educational institutions in the country. These benefits make L1 an attractive option for executives who intend to move with the family to the USA”, he states.
Toledo believes that the L1 visa is a valuable tool for companies seeking to expand their operations in the United States, transferring executives and key employees to ensure the success of this endeavor.“However, it is essential that the process is conducted carefully, paying attention to all legal and structural requirements required by the American authorities”.
