It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months (for Iran nationals) to five years (India, Japan, Germany), based on a reciprocity schedule.
The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one continuous year within the previous three prior to admission in the US.
[7] In 2019, the largest occupation category for L-1A and L-1B workers were custom computer programming services, with 35.8% and 18.8% of total petitions approved, respectively.
Citizenship & Immigration Services (USCIS) on Form I-129 along with supporting documentation showing that both the U.S. company and the foreign parent, subsidiary, affiliate or branch meet the qualifying factors set forth in the law and regulations.
If they go out of status after the filing, but before approval, there is no negative consequence, and the person does not accrue unlawful presence.
According to the Social Security Administration, the L-2 spouse is permitted to work, even without an Employment Authorization Document.
The documents required for the L-2 Social Security number application are the same as the L-1 holder, but with the addition of either the EAD or an original marriage certificate.
The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners who employ 50 or more employees in the United States with more than 50 percent of their employees in the United States in H-1B or L (including L-1A and L-1B) nonimmigrant status.
In order for the L-1B worker to be eligible for the full 7 years of L-1 status typically provided to L-1A workers, the petition must be approved by United States Citizenship and Immigration Services at least 6 months prior to the individual reaching the 5-year maximum period in L-1B status.
A key problem that critics and labor experts have with the L-1 visa is that the program has no minimum wage requirement or wage protections, meaning companies can pay L-1 visa workers a far lower salary while in the United States.
American workers are therefore asked to give away their knowledge to an up and coming foreign competitor while allowing companies to export their job more easily in the near future.
[39] When Siemens laid off computer programmers Patricia Fluno and Mike Emmons, they had to train their foreign L-1 visa replacements to receive their severance.
In 2008, Intel and Exxon Mobil sponsored none of its L-1 visa workers for green cards after receiving 226 and 207, respectively.