I would like to know If I can apply for L1 visa from Brazil.
You need to contact the company you work for to determine if they have an attorney who can assist. The basis rule for qualification is the company has to either have offices in both the US and the home country or intend to open an office in US while keeping teh home country office. Also the L-1 applicant has to ahve worked for company for at least 1 year.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
The U.S. company can file for a L visa if both the U.S. and Brazilian company are commonly owned, you worked at the Brazilian company for at least one year within the last three years, and you are offered a qualifying position. Once the visa petition is approved, you should be able to apply for an L visa at a U.S. Consulate in Brazil.
This response does not contitue and attorney client relationship and attorney does not assume any liability for aforementioned response to inquiry until such relationship is formally established.
As long as you have worked for the Brazilian branch or other branch for at least one year out of the last three you are potentially eligible for an L-1A. The two companies will need to have a corporate relationship. Branch is fine for the L-1A but may not work for a later green card.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law