The L1 visa has stood out as one of the best options for companies looking to transfer their key executives to the United States. Aimed at managers, administrators and employees with specialized knowledge, this visa offers the possibility of boosting the expansion of corporate operations in the American market
Types of L1 Visa
L1 is divided into two categories: L1A, intended for managers and executives, and the L1B, focused on employees with specialized knowledge. Both types require the applicant to have worked for the company abroad for at least 12 months in the last three years. The continuous employment relationship is an essential requirement to ensure that the transfer process is legitimate and accepted by American authorities
In the case of L1A, the applicant must have held a leadership or management position, 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 hold management positions
Executive transfer and inter-company connection
According toDaniel Toledo, lawyer who works in the field of International Law, founder ofToledo and Associates, international law firm with offices in Brazil and the United States,a fundamental aspect of the L1 visa is the relationship between the American company and its parent or affiliate abroad. "The company in the USA must be a subsidiary", affiliate or branch of the foreign organization. This means that both companies must have a clear connection, and the company abroad must continue operating for the L1 visa to be valid, 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 take on their duties immediately. This rule aims to prevent shell companies or those without real activity from improperly using the L1 visa, punctuate
Operational capacity and visa validity
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. "Long ago, it was 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 capacity to maintain its operations immediately, affirms
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 category of visa 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 the children can attend educational institutions in the country. These benefits make the L1 an attractive option for executives who plan to move with their families to the USA, declare
Toledo believes that the L1 visa is a valuable tool for companies looking to expand their operations in the United States, transferring executives and key employees to ensure the success of this venture. "However, it is essential that the process is conducted carefully, with attention to all legal and structural requirements demanded by the American authorities, finalizes
