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L1 Visa

L-1 Visa Overview

The L-1 visa is a non-immigrant visa that allows multinational companies to transfer employees from their foreign offices to their U.S. branches, subsidiaries, affiliates, or parent companies. There are two subcategories of the L-1 visa: L-1A for executives and managers, and L-1B for employees with specialized knowledge. The L-1 visa is a popular choice for multinational businesses looking to expand their operations in the U.S. or to bring key talent to their American offices.

L-1A Visa for Managers and Executives

Requirements:

Qualifying Relationship Between Companies:
- The U.S. employer must have a qualifying relationship with the foreign company where the foreign employee currently works. This relationship can be a parent company, subsidiary, branch, or affiliate.
Managerial or Executive Role:
- The employee must be coming to the U.S. to work in a managerial or executive capacity. These roles involve:
  - Executive Role: Making decisions of wide latitude without much oversight, such as directing the management of the company or a significant part of it.
  - Managerial Role: Supervising and controlling the work of other professional employees, managing essential functions, or overseeing a department, division, or component of the organization.
Employment Abroad:
- The employee must have worked for the foreign company for at least one continuous year within the past three years in an executive, managerial, or specialized knowledge capacity.
Duration of Stay:
- Initial Grant: L-1A visas are initially granted for up to 3 years, with the possibility of two two-year extensions, totaling 7 years.
- Exception: For employees coming to set up a new office in the U.S. (where the U.S. entity has not been operational for at least 12 months), the initial L-1A visa is granted for a duration of 1 year only.

L-1B Visa for Specialized Knowledge Workers

Requirements:

Qualifying Relationship Between Companies:
- As with the L-1A visa, there must be a qualifying relationship between the foreign company and the U.S. entity (parent, subsidiary, branch, or affiliate).
Specialized Knowledge:
- The employee must possess specialized knowledge. This means knowledge of the company’s products, services, processes, techniques, management or other interests and its application in international marekts or an advanced level of knowledge or expertise in the organization's processes and procedures. Examples of specialized knowledge include:
  - Proprietary Company Systems, Software, or Methods: Suppose you work for a tech company that develops software for advanced artificial intelligence applications. Your specialized knowledge might involve a deep understanding of the company’s proprietary software algorithms and their application in international markets. This knowledge is distinct and uncommon in the software industry, making you an indispensable asset.
  - Unique Expertise in the Company’s Products or Services: If you have extensive knowledge about how a company operates, especially in ways that differ from other companies in the same field, you possess advanced knowledge. For instance, think of a restaurant. Most chefs can cook meals, but you are a master at preparing a signature dish that only your restaurant knows how to make. It’s a complex dish with unique ingredients and techniques, and it’s so special that nobody else in the culinary world can replicate it. Your advanced expertise in making this unique dish is your specialized knowledge.
  - Advanced Technical Skills: Imagine you work for a manufacturing company that uses a unique production process. Your specialized knowledge might include an in-depth understanding of this process, which is not commonly found in the industry. For example, you might know how to operate and troubleshoot a custom-built machine that significantly improves production efficiency.
  - Industry-Specific Expertise: Consider a pharmaceutical company that has developed a new drug. Your specialized knowledge could involve understanding the intricate details of the drug’s formulation, production process, and regulatory requirements, which are not widely known outside the company.
  - Cross-Functional Knowledge: Suppose you work for a multinational corporation and have experience in multiple departments, such as marketing, sales, and product development. Your specialized knowledge might include how these departments interact and contribute to the company’s success in different international markets.
- Specialized knowledge means being the go-to expert for something unique that your company excels at, setting you apart from others in the industry.
Employment Abroad:
- Like the L-1A, the employee must have worked for the foreign company for at least one continuous year within the past three years, in a position requiring specialized knowledge.
Duration of Stay:
- L-1B visas are issued for an initial period of 3 years and can be extended once for a total maximum stay of 5 years.

General Benefits of L-1 Visas

Dual Intent: Like the H-1B, the L-1 visa allows for dual intent, meaning employees can apply for permanent residency (Green Card) without jeopardizing their L-1 status.
Dependents: L-1 visa holders can bring their spouse and children under 21 to the U.S. on L-2 visas. L-2 spouses automatically receive work authorization, allowing them to work in the U.S. for any employer.
No Cap on L-1 Visas: There is no annual cap on L-1 visas, making it easier for qualified companies to transfer employees without concern about lottery restrictions.
New Office Setup: Companies can use L-1 visas to transfer a manager, executive, or specialized knowledge employee to the U.S. to establish a new office. This option is particularly beneficial for foreign companies looking to expand their operations to the U.S.
- A new office is defined as a company that has been doing business in the U.S. through a parent, branch, affiliate, or subsidiary for less than one year. “Doing business” means the regular, systematic, and continuous provision of goods and/or services. Simply having an office in the U.S. does not qualify as “doing business”; the office must be actively conducting business activities.
- New office petitions are more closely scrutinized.
- If you are an owner or major stockholder of the company, your L-1 petition must be accompanied by evidence that your services are to be used for a temporary period and evidence that you will be transferred to an assignment abroad upon the completion of your temporary services in the United States.

How to Apply for an L-1 Visa

Step 1: Hire an Immigration Lawyer

The L-1 visa is a complex category that requires careful preparation and strategy. An immigration lawyer will guide you through the process, conduct an in-depth consultation, and provide a detailed list of the documents needed to prepare your L-1 petition.

Step 2: Document Gathering

Gather all necessary documentation as identified by your immigration lawyer. This includes a detailed description of your proposed job for the U.S. company, evidence of your employment with the foreign company, corporate organizational and personnel charts and other pertinent evidence based on your case.

Step 3: File Form I-129 and L Supplement

The U.S. employer must file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS), accompanied by:

Proof of the relationship between the U.S. and foreign company (e.g., organizational charts, financial records).
Documentation proving the company is actively doing business in both the U.S. and the foreign country.

For new office petitions, additional evidence is required, such as:

Proof of secured office space in the U.S.
Business plans, organizational charts, and financial projections.
Proof that the foreign company continues to operate during the L-1 employee’s transfer.

Important Note: The L-1 visa cannot be filed through self-petition. Your U.S. employer is the petitioner, and you, the prospective L-1 recipient, are the beneficiary. All supporting documents, such as evidence of employment with the foreign company and your CV, will be included with the I-129. Once your I-129 is approved, you are eligible to apply for an L-1 visa. If you are doing a Change of Status, your steps are complete upon I-129 approval.

Important Note for Canadian Citizens: If you are a citizen of Canada, you may apply for your L-1 directly at a U.S. port of entry by applying to the Customs and Border Protection Agency. As a Canadian citizen, you are not required to file a petition with USCIS.

Step 4: USCIS Review and Approval

USCIS will review the petition. Processing times vary, but premium processing is available for expedited reviews (within 15 business days). If USCIS approves the petition, the employer will receive a Form I-797 (Approval Notice).

Step 5: Visa Application and Consular Processing

If the employee is outside the U.S., he/she must apply for an L-1 visa at a U.S. embassy or consulate. This involves:

Completing Form DS-160 (Online Nonimmigrant Visa Application).
Attending a visa interview at the U.S. consulate, where the employee presents the approved I-129 petition, passport, and other supporting documents.

Employees already in the U.S. on another visa can apply for a change of status to L-1 without leaving the U.S.

Step 7: Entry into the U.S.

Upon visa issuance, the employee may enter the U.S. and begin their employment in their managerial, executive, or specialized knowledge role.

Contact Us

If you're a multinational company looking to transfer key employees to the U.S., or if you're an employee with questions about the L-1 visa process, our boutique immigration law firm can help. With years of experience in U.S. inbound immigration law, we specialize in handling L-1 visas for managers, executives, and specialized knowledge workers. Contact us today and book a consultation and let us assist you through every step of the process!

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