L-1 Visa Lawyer Miami: L-1A & L-1B Attorney for Multinational Businesses
We are expert L-1 Visa Lawyers in Miami, Florida specializing in L-1A executive/manager transfers and L-1B specialized knowledge petitions. Get clear guidance on requirements, new office cases, and the application process. We serve: U.S. and Foreign Multinational Companies from our central Miami office and across all 50 states.
Our dedicated L1 Visa legal team provides full-service representation to facilitate the seamless transfer of your most valuable global talent to the United States. We serve:
- U.S. and Foreign Multinational Companies
- Executives and Managers (L-1A)
- Specialized Knowledge Employees (L-1B)
- Qualifying Foreign Entrepreneurs and Investors
We offer expert guidance regardless of your citizenship, handling the entire L1 process from initial strategy through to post-approval compliance.
Trust our experienced L1 visa attorneys to navigate the complexities of USCIS and Consular requirements, securing your success in the Unites States.
Our L-1 Visa Legal Services: Strategy, Filing, and Compliance Support
Strategic & Initial Steps
- Eligibility Assessment: Determining qualifications for L-1A (Executive/Manager) or L-1B (Specialized Knowledge).
- New Office Petition: Strategic advice for foreign companies establishing a new US branch or office.
- Case Strategy: Identifying and addressing potential challenges such as Requests for Evidence (RFEs).
Petition & Application Filing
- Petition Preparation: Gathering, preparing and compiling all required evidence and documentation.
- USCIS Filing: Filing the I-129 Petition and all supporting exhibits with USCIS.
- Consular Processing: Representation and interview preparation for applications at US Consulates and Embassies abroad.
Post-Approval & Compliance
- L-2 Dependent Visas: Assisting spouses and minor children in obtaining L-2 status.
- Compliance & Reporting: Advising on legal rights and obligations to maintain valid L-1 status.
- Extensions & Amendments: Ongoing support for visa extensions and managing changes to employment or company structure.
L-1 Visa Explained: Comprehensive FAQs from Our Expert Attorneys
The L1 visa is a popular solution for multinational businesses to transfer essential talent to their US operations.
- Established U.S. Offices: The L-1 allows existing U.S. businesses to relocate Executives, Managers (L-1A), and personnel with Specialized Knowledge (L-1B) from affiliated foreign offices.
- New U.S. Office Setup: Foreign companies without a current U.S. presence can strategically utilize the L-1 visa to launch a new U.S. office. This is an essential path for investors and entrepreneurs expanding into the American market.
To qualify for a New Office L-1 petition, the foreign entity must first secure a related U.S. business structure and adequate physical premises. The visa then facilitates the transfer of an executive, manager, or specialized knowledge employee to staff the newly established entity. This process also applies to investors or entrepreneurs who wish to expand their business to the United States. [8 CFR 214.2(l)(3)(v)].
L-1 visa Categories
- L1A executives/managers: Designed for foreign nationals coming to the United States to work in a managerial or executive capacity.
- L1B specialized knowledge employees: Designed for foreign nationals with specialized knowledge.
Specialized knowledge can be:
- Special knowledge of the petitioning employer’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or
- An advanced level of knowledge or expertise in the employing organization’s processes or procedures.
L-1 Visa for Small & Medium-Sized Enterprises (SMEs) and Business Owners
While the L-1 visa was initially designed for multinational giants, our experienced L-1 visa attorneys emphasize that this visa is equally accessible to Small and Medium-Sized Enterprises (SMEs), including business owners.
Petitions from smaller firms often face heightened scrutiny from USCIS. Because SME petitions receive intense scrutiny, retaining an experienced L-1 lawyer is essential for success.
We ensure both the employer and employee meet all L-1 visa requirements:
- Qualifying Corporate Relationship: Proving a viable qualifying relationship between the U.S. and foreign entity.
- Active U.S. and Foreign Operations (“Doing Business”): Demonstrating continuous, active ‘doing business’ in the U.S. and at least one other country.
- Employee’s One-Year Prior Continuous Employment: Verifying the employee’s one continuous year of qualifying employment abroad (within the preceding three years).
- U.S. Role in Managerial, Executive (L-1A), or Specialized Knowledge (L-1B) Capacity: Clearly defining the employee’s role as executive, managerial, or specialized knowledge in the U.S.
Ready to Launch Your U.S. Enterprise? Speak with an L-1 Visa Lawyer. We provide comprehensive L-1 legal guidance to multinational companies and entrepreneurs across the United States.
The L-1 visa is complex, and USCIS scrutiny on New Office petitions is high. Don’t risk a Request for Evidence (RFE), delays or denial.
L-1 Visa Qualifying Relationship: Parent, Subsidiary, & Affiliate Structures
To sponsor an L-1 visa, the U.S. employer must demonstrate a Qualifying Relationship with the foreign company. Our L-1 visa attorneys ensure your corporate structure meets one of these qualifying relationships:
- Parent and subsidiary: US company is a subsidiary of the foreign company, or vice versa.
- Affiliates: Both the U.S. and foreign companies are owned or controlled by the same parent corporation or the same group of individuals.
- Branches: Where the US company operates as a distinct operating division or office of the foreign organization, or vice versa.
Examples include:
| Qualifying Relationship Type | Example |
| Parent & Subsidiary | U.S. company operating as the subsidiary of a Japanese parent corporation. |
| Affiliates | A U.S. company and a Canadian company that are both affiliates, sharing common ownership under a French holding company. |
| Branches | A U.S. and a Mexican company that are both branches of the same German multinational organization. |
Even with a qualifying relationship, the U.S. sponsoring entity must also be actively ‘doing business‘—regularly and continuously providing goods or services—in the United States and at least one foreign country throughout the employee’s L-1 status. Doing business does not include the mere presence of an office or an agent.
Parent and subsidiary relationship
A parent-subsidiary relationship exists when:
- One of the companies owns more than 50 percent of the other company, or
- Parent company owns 50 percent, directly or indirectly, of the entity that is a 50-50 joint venture and has equal control and veto power over the entity, or
- One of the companies owns 50 percent or less of the other company, but in fact controls that company
Affiliate
Our L-1 visa lawyers clarify the requirements for establishing an affiliate relationship. An affiliate structure exists between the US and foreign company when:
- Shared Parent: Both companies are subsidiaries of the same parent company or individual
- Same Ownership Group: The two companies are owned and controlled by the same group of individuals, with each person owning and controlling approximately the same proportion of each company
- Accounting Firm: The two companies are multinational accounting firms
Branch
Our experienced L-1 visa lawyers explain that if the foreign company has a branch in the United States, the branch office is considered to be an operating division of the same organization.
To be eligible for L-1 purposes, the U.S. branch (or the foreign branch) must demonstrate legal compliance by being officially:
- Registered to conduct business in the United States, OR
- Authorized to operate in the foreign country.
L-1 Visa Applicant Qualifications
To qualify for L-1, our L-1 visa attorneys ensure employees meet these strict criteria:
- One Year Full-Time Employment: Must have worked full-time for the foreign company for at least one continuous year.
- Qualifying Capacity: This one year full-time employment must have been in an Executive, Manager, or Specialized Knowledge capacity.
- 3-Year Look-Back: This one-year requirement must have been fulfilled at any point within the three years immediately before the L-1 application submission. You do not need to be in a managerial, executive, or specialized knowledge role at the time of application, provided you met the one-year continuous employment requirement at the qualifying foreign entity within the last three years.
- Full-Time Employment: Part-time employment does not meet the one-year employment requirement.
- U.S. Trips: Short-term U.S. travel for business or pleasure does not break the continuous employment period. However, those days spent in the US do not count toward the one-year foreign employment requirement.
L-1 New Office Petition: Mandatory USCIS Requirements
To successfully file an L-1 New Office petition, our L-1 visa lawyers focus on three mandatory USCIS requirements:
- Office Space: Employer must secure sufficient physical premises to house the new US operations
- Employee Qualification: Employee worked abroad as executive, manager or specialized knowledge employee for one year within the three years immediately preceding the application, and
- US Growth Plan: The new office will financially and operationally support the executive or managerial position within one year of L-1 approval
Ready to Launch Your U.S. Enterprise? Speak with an L-1 Visa Lawyer. We provide comprehensive L-1 legal guidance to multinational companies and entrepreneurs across the United States.
The L-1 visa is complex, and USCIS scrutiny on New Office petitions is high. Don’t risk a Request for Evidence (RFE), delays or denial.
L-1 Visa: Duration and Extension
Our L-1 visa attorneys provide strategic guidance on maximizing your stay in the U.S. The duration and extension rules are as follows:
| L-1 Category | Initial Validity | Maximum Stay |
| New Office | 1 Year | 7 Years (L-1A)/ 5 Years (L-1B) |
| Established Office | 3 Years | 7 Years (L-1A)/ 5 Years (L-1B) |
Extensions and Key Benefits
- Renewal Increments: You can renew your L-1 visa in two-year increments until the maximum limit is reached.
- Recapture Strategy: L-1 holders may recapture days spent outside the United States, potentially extending their overall period of stay beyond the statutory maximum.
- Continuation of Employment (240-Day Rule): Filing a timely L-1 extension allows the employee to maintain work authorization for up to 240 days while the new petition is pending with USCIS. You can file extensions up to six months prior to the expiration of your status.
- Family Alignment: L-2 spouses and children are eligible for extensions that align with the L-1 principal applicant’s approval period.
L-1 Visa Key Benefits: Dual Intent & EB-1C Green Card Pathway
Applying for the L-1 visa offers significant advantages for both the employee and the sponsoring multinational company.
- Pathway to Permanent Residency (Green Card)
- Dual Intent Visa: The L-1 is a “dual intent” visa, which means holders can legally pursue permanent residency (a Green Card) without jeopardizing their temporary L-1 non-immigrant status.
- Green Card Streamlining: L-1A (Multinational Manager/Executive) holders have a clear and efficient path to the EB-1C Green Card category, which typically waives the need for the lengthy PERM Labor Certification process.
- Unrestricted Travel During Green Card Application: L-1 visa holders and their L-2 dependents can travel internationally without limitations while their Green Card petition is pending.
- Employment and Business Advantages
- Exemption from PERM Labor Certification: Companies sponsoring an L-1 employee are not required to test the U.S. labor market by obtaining a PERM Labor Condition Application from the Department of Labor (DOL).
- New Office Establishment: The visa facilitates international business expansion, allowing foreign companies, investors and entrepreneurs to establish a new U.S. office.
- Full-time Work Authorization: The L-1 employee is authorized to work full-time in the United States for the sponsoring, qualifying company.
- Family Inclusion: The L-1 holder’s immediate family—spouse and unmarried children under the age of 21—are eligible to accompany them on L-2 visas.
- Automatic Work Authorization for Spouses: L-2 spouses receive automatic work authorization (Employment Authorization Document – EAD is not strictly required, as work authorization is incident to their status, often designated as L-2S on Form I-94), enabling them to work for any U.S. employer or be self-employed without a wait time.
- Education for Dependents: Both L-2 spouses and children can pursue full-time or part-time education at U.S. schools and universities without needing a separate student visa. (Note: L-2 children are not authorized to work).
- Unrestricted International Travel
Ready to Launch Your U.S. Enterprise? Speak with an L-1 Visa Lawyer. We provide comprehensive L-1 legal guidance to multinational companies and entrepreneurs across the United States.
The L-1 visa is complex, and USCIS scrutiny on New Office petitions is high. Don’t risk a Request for Evidence (RFE), delays or denial.
9. L-2 Visa for Spouses and Children of L-1 Visa Holders
The L-2 visa allows the spouse and unmarried children (under age 21) of an L-1 visa holder to live in the United States.
- L-2 Spouses: Spouses are authorized to work in the U.S. incident to their status. They do not need a separate Employment Authorization Document (EAD) if their Form I-94 is annotated with the L-2S classification, which serves as proof of work authorization. They can work for any employer.
- L-2 Children: Dependent children are eligible to attend school full-time but are not authorized to work in the United States.
10. L1 Visa Process
To apply for an L1 visa, the prospective US company must file form I-129 along with all necessary supporting documentation to demonstrate the employee and company meet the L-1 visa requirements.
Post-Approval Steps:
- For employees abroad: Once USCIS approves the petition, it issues an I-797 Notice of Action. The employee then uses this approval notice to apply for the physical L-1 visa stamp at a U.S. embassy or consulate in their home country or country of residence.
- For employees already in the U.S.: Depending on the circumstances, the employee may request a Change of Status to L-1 without having to leave the country.
Processing Times and Fees:
- Standard Processing: USCIS standard processing time for Form I-129 is typically 1 to 3 months (30 to 90 days), though wait times can fluctuate based on the specific USCIS Service Center workload.
- Premium Processing: For an additional fee, USCIS offers Premium Processing, which guarantees a response (approval, denial, or Request for Evidence) within 15 business days.
Filing Location (Jurisdiction):
The USCIS Service Center that handles the petition is determined by the geographic location of the petitioning company’s primary office.
11. L1 Visa for Canadian Citizens
An expedited option exists for Canadian citizens, who are not required to have an approved I-129 petition before applying for their initial L-1 visa. They can apply directly for initial L-1 status at a U.S. port-of-entry (land border or pre-clearance/pre-flight inspection station in Canada) by presenting the completed L-1 application package to a Customs and Border Protection (CBP) officer. To learn more visit L1 Visa for Canadians.
Experienced L-1 visa lawyers can assist
The L-1 visa process is complex and time-sensitive. Our experienced L-1 visa attorneys are here to simplify this intricate process, providing complete support and the highest quality legal representation. We guide you and your company through every requirement.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Ready to start? Contact us today or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
Areas of Practice
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