The article discusses can an L1 visa holder work part-time in the United States? The answer is yes, under certain circumstances you can work part-time in the US for the sponsoring employer. However, as an L1 visa holder you cannot work in the US part-time for the sponsoring employer and part-time for another unrelated employer.
The regulations do not contain an explicit requirement that an L1 visa holder must work full time for the US assignment. While the intent for L-1 visa may be full-time employment, regulations have indicated that less than full-time may be acceptable. To learn more about the requirements, terms and condition of the L1 visa visit our L1 visa page here.
Permitted part-time work for L1 visa holders
The regulations state that L1 visa holders are not required to perform full-time services in the United States. It is therefore clearly permissible to work part-time or otherwise less than full-time in the United States on an L1 visa for your sponsoring employer under a variety of scenarios.
You can work part-time as an L1 visa holder if you reside abroad and spend part of the year in the U.S. working for the US assignment and the rest of the year you spend abroad working for the foreign office. However, when you are working part-time on an L1 visa your primary purpose while in the United States must be to perform services for the US office consistent with the visa terms, and not to engage in matters unrelated to your visa status.
For example, if you live in the United States and you commute to work in Canada and Mexico where you perform the vast majority of your services and only occasionally work in the US, then you do not qualify for the L1 visa since your primary purpose for being in the United States is unrelated to your L1 employment.
On the other hand, if you live in Canada or Mexico and you come to the United States occasionally to work as an executive for the US office part-time, then you qualify for the L1 visa because your primary purpose for coming to the United States is related your L1 employment.
Additionally, an L1 visa holder who is on a maternity or paternity leave can work on a part-time basis as he or she gradually resumes full-time work.
It is also acceptable for an L1 visa holder to maintain nonimmigrant status while not performing full-time work in the US during medical leave, family leave or vacations. Part-time work is permitted in these situations as long as the L1 visa holder is still employed by the L1 company.
Malescu Law can assist
Our immigration lawyers in Miami, Florida USA can assist you to understand if you can work part-time as an L1 visa holder under your specific situation and apply for L1 visa.
If you are an employer or employee interested in applying for an L1 visa or renewing your L1 visa, our immigration attorneys can assist with the L1 visa application and provide guidance, advice and preparation of required documents for your L1 visa.
Contact our L1 visa lawyers today or book a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
