QUESTION
Must an employee work overseas for one year before he can obtain L1 visa?
Asked on Apr 14th, 2013 on Immigration - Michigan
More details to this question:
Must an employee work overseas for one year before he can obtain L1 visa? What if the employee have been working in the United States on a different type of visa, say Optional Practical Training, for a company for one year, can he still qualify for L1 visa? Or does the overseas requirement have to be satisfied?
6 ANSWERS
Adebola O. Asekun
A requirement for issuance of L1A intra company transferee nonimmigrant visa is that the beneficiary must have worked for the parent company in a managerial or executive capacity for at least one year within the last 3 years. It appears you should consult with an immigration lawyer to advise you of the terms and conditions for issuance of an L1 visa. If you do not meet the conditions, you should explore other nonimmigrant options.
Answered on Apr 17th, 2013 at 3:37 PM
Yes, you have to have at least a year out of the prior 3 years of qualified employment with the overseas company prior to being eligible for a L-1 visa with the US entity.
Answered on Apr 17th, 2013 at 3:37 PM
Yes. One-year continuous employment must take place abroad, outside of the US. Where employee never physically worked overseas, one year is not met. It could be of a benefit to you to know that the time spent on OPT in the US will not break or interrupt one year working overseas. One more point for consideration: your employee's one year overseas' requirement must be within last three years preceding your I-129 petition. You probably should also consider other avenues for your employee to work in your company.
Answered on Apr 17th, 2013 at 12:20 AM
You MUST have worked at the US company's overseas parent, subsidiary, or branch for one year within the past three years in order to be eligible for L status.
Answered on Apr 16th, 2013 at 10:16 PM
3 Awards
The employee must have been working overseas for the parent, affiliate or subsidiary or branch office of a qualifying organization before he/she can come to the U.S. as an L-1 transferee. The interesting question is whether there can be an intervening stay in the U.S, in another valid nonimmigrant status. Our office seems to find that the intervening time in another nonimmigrant status is acceptable.
Answered on Apr 16th, 2013 at 10:12 PM
The employee has to work overseas in a qualified position for at least one year.
Answered on Apr 16th, 2013 at 10:00 PM