| 1. | Can my dependents work in the United States? |
| Pursuant to newly passed Public Law 107-125, spouses of L-1 visa holders in L-2 status may now apply for employment authorization on Form I-765 at the USCIS Service Center that has jurisdiction over the principle worker. USCIS will then issue an Employment Authorization Document (EAD) within 30-120 days that allows the spouse to be employed in the United States.
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| 2. | How can I obtain L-1 status if I am a Canadian citizen? |
| Canadian citizens are not required to obtain visas. Provisions under the North American Free Trade Agreement [NAFTA] allow Canadian citizens to apply for L-1 classification (either individually or under a Blanket) directly at Class A Ports of Entry located along the United States/Canada border or at Pre-Flight Inspection Stations located in certain Canadian international airports. The L-1 petition is adjudicated by an USCIS inspector at the time the L-1 employee intends to enter the United States to begin working. Alternatively, Canadian L-1 petitions may be filed at the USCIS Service Center with jurisdiction over the application, in the same manner as all other individual L-1 petitions.
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| 3. | How do I extend my L-1 visa classification? |
| L-1 extension requests must be filed prior to the date of expiration of current L-1 status. Employee should contact their Human Resources department no later than six months prior to expiration of the current L-1 status to ensure that sufficient time remains to process an extension. Once the L-1 extension request has been timely filed with the USCIS, the employee has continued work authorization for that employer until USCIS issues a decision on the extension of status application. L-1 extensions are normally granted in two-year increments. Special evidentiary requirements apply to L-1 extensions where the transferee initially entered to open a new office for the petitioning employer.
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| 4. | How long can I stay in the United States in L-1 status? |
| L-1 status can be granted for an initial period of up to three years (unless the transferee is coming to open a new office, in which case initial status is only granted for one year). L-1A visa classification is valid for a maximum period of stay of seven years. If the foreign national has held H-1B status previously, the maximum period of stay in the United States is six years, inclusive of all stays in H-1B and L-1 status. L-1B visa classification is valid for a maximum period of stay of five years. If the foreign national has held H-1B status previously, the maximum period of stay in the United States is six years, inclusive of all stays in H-1B and L-1 status.
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| 5. | How soon can I start working in the United States for my L-1 employer? |
| L-1 visa status must be pre-approved by USCIS before the employee may begin working in the United States in L-1 status, unless the employee is applying for status under a Blanket petition, in which case the employee applies directly for the visa at the United States Consulate in his/her home country.
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| 6. | What do my dependents qualify for? |
| Spouses and dependent children under the age of 21 years may accompany the L-1 foreign national to the United States. Dependents receive L-2 visa classification.
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| 7. | What is an L-1 Blanket Petition and am I eligible to apply for my L-1 visa under it? |
| An L-1 Blanket petition facilitates the transfer of employees in L-1 classification for typically large multinational corporations with offices in three or more countries. (Special employer eligibility rules apply). The L Blanket is a pre-approval by USCIS of the qualifying corporate relationships of the sponsoring entity and its affiliates abroad. Individual workers for companies that have a valid L Blanket in place may apply directly for the L-1 visa and visa status at the United States Consulate in his/her home country without individual USCIS pre-approval of the status. Under a recently passed law (P.L. 107-125), workers applying for L-1 visas under blanket petitions need only have worked for the qualifying entity abroad for six months in the three years prior to applying for the visa. Please note that individuals who are being transferred to the United States in L-1B classification pursuant to an approved L Blanket must possess the academic equivalent of a United States baccalaureate degree in a field related to the specialized knowledge capacity that the employee is coming to perform.
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| 8. | What is the L-1 Visa Classification? |
| L-1 visas are for certain Intracompany Transferees who have worked for a parent, subsidiary, branch or affiliate of a United States company abroad for at least one full year out of the last three years. There are two types of L-1 visa classifications: a) L-1A classification is reserved for managers and executives. A manager is defined as an individual who supervises and controls the work of other supervisory, professional, or managerial employees, or an individual who manages an essential function of the department or company. b) L-1B classification is reserved for those individuals who possess specialized knowledge of the employer's products or processes and procedures that is uncommon, noteworthy or advanced. Specialized knowledge is knowledge that an individual who has not worked for the company would not possess.
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| 9. | When is an amended L-1 petition necessary? |
| Amended petitions may be required when there is a material change in employment but the employer/worker's L-1 eligibility remains intact. For instance, if a change in job duties or responsibilities results in a move from a specialized knowledge position to a managerial/executive position, or vice-versa, an amended L-1 petition should be filed with USCIS.
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