L-1B Visa for Translators in the USA

This visa category is perfect for those planning to relocate their key specialists to a newly opened company in the USA. This can be a company established from scratch or its foreign representative office or branch.

The visa is issued for a period of up to 5 years (initially, the visa is issued for 2 years, after which it can be renewed twice, each for 2 years). It allows key specialists and management from Kazakhstan, Ukraine, Belarus, and Kazakhstan to stay in the USA for an extended period.

The idea is that the company leader brings several key specialists who help develop the business in the USA, hire, and train local employees.

The process of obtaining an L-1B visa involves the following: The American applicant company submits a petition to the U.S. immigration service. It is important to comply with certain requirements:

An applicant for an L-1B visa must have held the same position in the parent foreign company for at least 1 year as they plan to hold in the USA.

There must be a clear, documented connection between the foreign company and its branch in the states. The branch must meet the following criteria:

• Its owner can be either a legal entity or several individuals holding an equal number of shares;
• The subsidiary in the states must belong to a single foreign founder.

The foreign company must be actively engaged in selling goods or providing services. It is essential that this activity is real, not merely demonstrative. The USA has developed many effective methods to verify whether a company is legitimate or merely simulating activity for visas and other benefits.

When applying for a visa, you must provide compelling evidence of the necessity to transfer specialists to the foreign branch. This means submitting a document package that proves that the representation absolutely requires the departure of employee Petrov P.A. and no one else.

The document package is not significantly different from that submitted for the visa for the company leader and includes the following categories:

• Documents proving you have premises in the USA;
• Bank statements from the company account confirming the availability of necessary funds to open a new office and pay employees' salaries for several months;
• A detailed business development plan for the near future (6-12 months);
• The necessary staff structure, which must be justified and reasoned;
• Confirmation of the need to transfer the executive director or manager to the USA;
• A description of your company's business activities;
• A clear and reasoned scale of the new company's operations;

Before submitting the document package to the U.S. Citizenship and Immigration Services (USCIS), all these documents must be translated into English.

The visa renewal process is generally not complicated. It requires writing a relevant application, which your immigration attorney submits shortly before the visa's expiration. Information must be provided about:

• The full-scale business activities of your company;
• The specifics of production or service provision;
• The productive work of your office;
• The presence of a permanent staff structure.

Non-working adult family members of the specialist and children under 21 can also obtain the visa, but without the possibility of employment.

At what stage might you need our help?

The process of collecting and submitting documents for any visa category is quite complicated and can be very stressful. This is especially true for a work visa, where the stay duration will be about 2 years or more with the potential for many to obtain permanent residency in the USA.

That is why it is better to discuss all stages of relocation with immigration attorneys before starting to gather documents. This will fully protect you from possible mistakes, as sometimes even a wrongly placed checkmark on the application can lead to troubles.

During our discussions, we will carefully analyze your chances of obtaining a visa of a particular category and may conclude that it is advisable for you to apply for a completely different category of visa. We have encountered such cases in our practice. Timely consultation has not only helped avoid failures but also increased the chances of obtaining the visa you need.

Regarding further residency, i.e., the green card, one must take it even more seriously. The following section describes the nuances of obtaining a green card for those who already hold L-1A and L-1B visas.

Green Card for Those Planning to Stay

When it comes to obtaining a green card for L-1B visa holders, the conditions differ slightly from those for holders of the "manager" visa — L-1A.

Obtaining a green card with an L-1A visa is somewhat simpler; however, this does not mean that an L-1B visa holder will be unable to stay permanently in the USA.

The entire process of obtaining a green card is controlled by the American Department of Labor. The main difficulty lies in the need to prove the uniqueness and significance of translation specialists for the subsidiary or representation of the firm in the USA. Since the labor commission is often confident that local employees can easily be found, your evidence must be exhaustive.

Initially, it is necessary to post a job advertisement on local job websites and thematic directories for the position of this specialist. This must be done by the American company leader, its sponsor. This allows local residents to respond, who are willing to work in this direction. Moreover, interviews with potential candidates are also strictly controlled by the labor commission.

Only after the sponsor provides substantial and exhaustive arguments answering the question of why it is impossible to find and hire someone local, can a foreigner be considered a candidate for a green card under this visa category. This is not required for the green card under the L-1A visa.

An important condition for obtaining both the L-1B visa and the green card of the same category is the qualification of the staff. The higher the level of employee qualifications, the greater the chances of obtaining both the visa and the residency (green card) in the USA. The complexity of the company’s activities and its benefit to American society are also taken into account.

Below we will address the most frequently asked questions regarding the L-1 visa category, which will include both “A” and “B”.

Answers to Frequently Asked Questions from L-1 Visa Applicants

What is the L-1 visa category?

This visa is available for both company executives and leading specialists, allowing the holder to reside in the USA. The company can represent either an established business or a branch or representation of the parent or subsidiary foreign firm. A green card can be applied for after one year of residence in the USA under this visa category.

What factors most often influence the positive decision of the immigration service?

Any decision made by the U.S. immigration service is quite difficult to predict. Moreover, no one can "guarantee" the issuance of a visa. However, a very significant factor for obtaining this visa is having at least 12 months of experience managing a foreign company for L-1A visas, and a minimum of one year of work experience in the company in the position of leading specialist for L-1B visas. Furthermore, you must perform the same functions in the branch of the new company opened in the USA.

What are the different types of L-1 visas?

This category of visa is divided into L-1A and L-1B. The former is issued to executives of the representation or branch, while the latter is for leading specialists of the company. Another distinction is that the first category does not require labor certification and does not have to prove its qualifications during the green card application process. In practice, holding an L-1A visa with a year of management experience in your home country, one can apply for a green card almost immediately after extending the L-1A visa after the first year for the next two years.

The L-1B visa is issued to leading specialists in their field. When applying for a green card, they must go through labor certification and prove their qualifications.

What advantages does the L-1 visa offer?

This visa ensures the legality of employment in the USA, as well as free movement throughout the country and beyond. It is also possible to arrange an invitation for a spouse (and other close relatives), and unmarried children under 21 years old. They will receive an accompanying visa — L-2.

What limitations should those with an L-1 visa be aware of?

There are two main restrictions:

The visa is only valid while working for the company;

When opening a new company in the USA (branch or representation of a foreign company), the visa is only valid for 12 months, with the possibility of extending it initially for 2 years and then again for 2 years. The maximum duration of the visa for company executives is 7 years, and for leading specialists, it is 5 years.

How clearly does the immigration service determine which category — executive or specialist — I belong to?

For the staff of this service, it is all quite clear. Thus, a company or branch director is considered a leader, or a manager of one of its departments. This person is endowed with significant powers in decision-making, such as signing authority, contract signing, and only reports to the board of directors.

The manager of a department or top manager of an organization is a person who oversees a structural unit of the enterprise. In this position, they manage subordinates, setting various tasks for them. The department head may also perform a certain range of tasks in addition to management.

On the other hand, an immigration officer will categorize a company specialist as a professional who is well-versed in the company's services or production and has excellent knowledge of the global market in this area. They must also possess a high level of English language proficiency and be a highly qualified employee capable of making a significant contribution to the development of the enterprise.

Where should documents be submitted to obtain a visa of this category?

Documents are submitted to the USA Immigration Service.

What educational requirements are there?

There are no special requirements for education. It is important to meet all other requirements for this visa category.

After obtaining the visa, can any of my relatives move to me?

Yes, you can invite your close relatives, which includes spouses and children under 21 years old who have not yet married. They will all receive an L-2 accompanying visa.

Will my family members who come with me also be able to work legally in America?

Unfortunately, those who come on an accompanying visa do not have that opportunity. However, this visa allows for study at any educational institution in the U.S. For family members to work, they need to apply for an L-1 visa independently. This can be done by a spouse contacting the employer-sponsor of the company where the L-1 visa holder will work. Unfortunately, this option is not available for children.

Is there an opportunity for adult family members to study?

Yes, of course. If there is no desire to obtain a visa through a transfer following a spouse, those with an accompanying visa can study at any school, college, or university in the U.S.

Is it possible to study at an American university with an L-1 visa?

Yes, such an opportunity exists. However, the main purpose of issuing this visa is to develop business in the U.S. Therefore, before enrolling in a university, it is important to weigh everything carefully and understand how feasible it is for you to combine work and study. In practice, studying usually suffers, so it is worth considering before trying to combine these two labor-intensive processes.

What can the L-1 visa be changed to?

This visa can later be changed to a green card. An application can be submitted during the entire validity period of this visa (5-7 years). However, this is possible only after a minimum of one year of residency in the U.S. After receiving permanent residency, your entrepreneur visa will be completely canceled.

Is the L-1 visa retained after a change of position or place of employment?

Several scenarios are possible here. If you change your managerial position to another managerial position within your sponsor's company, the visa is fully retained. For example, if you become a top manager of another department. If you are promoted within the same company, for instance, becoming a manager instead of a top manager, you will also retain this visa. Unfortunately, if you change employers or are demoted, you will lose your visa. Additionally, you must promptly notify the USA Immigration Service of any change in your employment.

Will my resignation affect my visa?

If you resign, you must find a new job within 30 days. After that, you are required to inform the Immigration Service about the change in your employment. A special commission will be convened to decide whether to retain or annul your visa. In the case of a negative decision, unfortunately, you will have to leave the U.S. within 30 days. If the commission decides positively, you will retain your current visa.

What happens to the manager's visa upon voluntary resignation?

In this case, unfortunately, the visa is not retained. Even if you find a job within 30 days, the only option is to reapply for a visa or return home.

What happens after the visa expires?

After the visa expires, you have exactly 30 days to extend it. If you do not complete this process within the specified time, your visa extension will be denied, and you will have to leave the U.S.

Will the visa be retained when moving to another state or just a city within the same state?

Yes, it will, but only if your company also moves to that state. This applies to your subordinates who hold an L-1B visa as well.

Can I move freely throughout the U.S. with this category visa?

Of course, you can move freely throughout the U.S. It is important that your company's operations do not cease.

What work schedule does an L-1 visa provide? Can it involve a combination of flexible hours or part-time work?

The schedule can be absolutely any. The only important thing is that you fulfill the entire volume of work according to your contract.

It is quite possible that we have not covered all the questions, and you may want to clarify something else. In this case, you can contact immigration attorneys working with our company, and we will gladly answer all your questions. You can reach us using any convenient form of communication.

We will take care of:

• consultative assistance;
• help in gathering and submitting documents;
• representing your interests and those of your company in all instances.

Further business support is also possible.

We sincerely wish you success in your business activities in the U.S. after obtaining your visa.

This article is for informational purposes only. All questions regarding the submission and processing of your visas in the U.S. should be addressed to an immigration attorney.