L-1A/L-1B Visa 2018-03-13T02:36:24+00:00

L-1A/L-1B Visa

The L-1 non-immigrant Visa is an intra-company transferee visa.

Our approach to processing L-1 Visas

Over the years, numerous clients have asked that we assist them with the processing of a L-1 Intra- company transferee visas. As a preliminary step, it is important to understand that you are not allowed to use the L-1 in lieu of an H-1B visa and the Consulate is wary of Employers who try to beat the system. The key to L Visa preparation is in the detail. Our L Petitions are painstakingly put together with careful attention to detail. Complex and sophisticated corporate relationships are carefully represented on charts easily understood by both USCIS and Consular officials. All evidence is neatly organized and presented in a compelling manner.

Briefly, to qualify as an intra-company transferee, the candidate you intend on transferring must, within the three years preceding the time of his or her application for admission into the U.S., have been employed abroad continuously for one year by the Parent, Branch, Subsidiary or Affiliate of the corporation in the United States. In addition, the individual must be seeking to enter the U.S. temporarily to render his her or services in a capacity that is managerial, executive [L-1A], or involves specialized knowledge [L-1B].

The regulations require that the Petitioner address the following issues (i) whether a qualifying relationship exists between the foreign employer and the prospective U.S. employer; (ii) whether the candidate has worked abroad for the requisite period of time [one year] in a position that was managerial, executive, or involved specialized knowledge; and (iii) whether the individual will serve in an executive, managerial, or specialized knowledge capacity in the U.S.

The blanket L visa is available to large and midsize multinational organizations. This requires the petitioner meet the following four conditions:

  1. The petitioner and each of the entities included in the L Blanket petition are engaged in commercial trade or services;
  2. The petitioner has an office in the United States that has been doing business for one year or more;
  3. The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and
  4. The petitioner and the other qualifying organizations have done at least one of the following: (a) obtained approval of petitions for at least ten “L” managers, executives, or specialized knowledge professionals during the previous 12 months; (b) have United States subsidiaries or affiliates with combined annual sales of at least $25 million; (c) have a United States work force of at least 1,000 employees.

Terms associated with L-1

Specialized Knowledge
Special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.”

Branch
A branch is defined as an operating division or office of the same organization housed in a different location.

Affiliate
An affiliate is defined as: One of two subsidiaries which are owned or controlled by the same parent or individual, or by a group of individuals so long as each individual owns and controls approximately the same share or percentage of each entity. An Affiliate also includes certain international accounting firms that market accounting services under an internationally recognized name.

Subsidiary
Direct or indirect ownership of at least half of another entity, ownership of 50% of a 50-50 joint venture with equal control and veto power, or ownership of less than 50% of an entity with in fact control over the company.

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FAQ

I am completing 7 years of L1A in Oct 2018. Am I eligible to file H1B in April 2018 ? I want to comeback after oct 2019 2018-03-13T02:47:01+00:00

No, you are not eligible to file under this year’s CAP. You would have to leave the country and remain abroad for a period of 12 months prior to applying for a CAP subject H-1B.

Can I change to H-1B from L-1B status? 2018-03-02T19:44:25+00:00

Yes, it is possible to seek change from L to H while still in the U.S. However, the start date of the H-1B would be October 1st of this year. As long as your L-1B is set to expire later than that date, you should be fine. Alternatively, you could seek consular processing, but would have to leave the country prior to the October 1st start date and reenter with an H-1B visa.

Can I bring my family with me when I am coming on L-1B for the first time? 2018-03-02T19:43:26+00:00

Yes, you can. There is no restriction on bringing family when entering in L-1B status.

When I come to US on L-1 visa, can I change my L-1 to H-1 visa? 2018-03-02T19:42:33+00:00

Yes, but that process may involve having an employer file an H-1B petition on your behalf.

If I apply L1B to H1B conversion, will my L1B years of stay count against H1B’s 6 years of validity? 2018-03-02T19:41:42+00:00

Yes, they will count against the overall limit of 6 years.

I’m on L1-B. Can my company apply my GC for EB1? 2018-03-02T19:40:39+00:00

An L-1A would be the preliminary step towards establishing eligibility for EB-1C consideration.

How does the L-1 visa speed up the GC process? 2018-03-02T19:30:13+00:00
A multinational manager or executive is eligible for priority worker status. The eligibility criteria are similar to the L-1 visa:
  1. He or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and
  2. Seeks to enter the U.S to continue service to that firm or organization as a permanent worker.
  3. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5. While the EB-1 worker of extraordinary ability may petition for himself or herself, the employer must file the petition for an outstanding professor or researcher and a multinational executive or manager.
In layperson terms, the L-1A – Green Card allows you to avoid the cumbersome Labor Certification process.
I have L1 blanket visa from company A which is valid until next year. I joined company B 2 years ago. Is the L1 from company A still valid? 2018-03-02T19:29:31+00:00

The only way to tell current status of an individual who enters on the basis of a blanket L-1 is to ask the employer because there is no corresponding petition receipt# that could be checked online.

My husband was on L1. His H1B got approved and we are planning to file my parent’s visa. Can we still file though his status is changed? 2018-03-02T00:40:28+00:00

When seeking to write an invitation letter for visitors, it is important to document the ability to support the visitor. Current employment should be documented by means of a letter. An Affidavit showing your ability and willingness to support the visitors during their stay would be required. Please also have the visitor clearly document ties to the home country (economic and familial).

More FAQs

L1-A Approval

Dear Vaman:

You gave us a biggest surprise of the day by sending the approval package for A…’s petition! We are overwhelmed with your support and guidance in winning this battle!

I would like to express my heartfelt gratitude to you for all the support and guidance on getting the desired outcome on A..’s L1 Petition. Thank you and Dan for working tirelessly to ensure the response was right to get this desired win! If it weren’t for your leadership skills and knowledge, the petition wouldn’t have been in our favor.

A special thanks to Dan Allen, who constantly supported with all the answers. He never denied my calls, or questions, prompt/immediate response to emails and he was very patient enough to deal with my questions. I was even more impressed by the efficiency and professionalism shown during the entire process.

Please accept our sincere appreciation for your leadership and entire team at Kidambi Associates.

L1 Premium Processing

Many thanks for your efforts in getting H–‘s petition approved.

— SG, USA, E-mail

L-1A – Multinational Executive/Manager Visa for Technology Services Company

Hi Vaman,

It is a wonderful and fantastic news! I really appreciate your diligence and your team efforts in making this happen!

I always believe you are a perfectionist, I have never failed in your hands till date and will continue to see the best results. I have not worked with any attorney whatsoever since we met in 2001 and that makes us good friends and I have blind trust in you on everything you do!

Your guidance, advice and support is very much appreciated and thank you so much for everything.

Regards

Rxxx

Vice President of International Textile Business – L-1 and EB-1 Processing

Dear Vaman,
I hope all is well with you.
Took my oath this morning and I am now a Citizen. You guided the process. From the L1 to the Green Card stage.
I do believe that you excel at what you do and have the personal touch to guide and facilitate immigrants…like myself.
Your success is guided by the attention give to each case. It is that quality that does actually make you the best law firm : and your personality is brilliant.
I do hold you and your company in the high esteem.

Actually : you are the best !! No questions !!

 — Jay K., USA, E-mail

L-1

Good news, J– got his L1 stamped. Thank you so much Yasmin and team.

— V.R., USA, E-mail

More Testimonials

L-1B for Data Analytics Company

Thank you so much for working on my case and getting this approved. It means a lot to me. Given the constantly changing Visa process under the new administration, I am fairly cognizant of how challenging this would have been. Keep doing the great work and help shape peoples dreams. Thanks a ton.

Vaman: Thanks for overseeing this towards the end and all the support and guidance you provided.

While we are connected on Linkedin and your blogs are educational for someone who is trying to immigrate, feel free to share any word of wisdom before my interview.

The Company provides complex data analytics for multinational companies and had to transfer key employees with “specialized knowledge” of the implementation platform. They approached us with a very short deadline and the requirement that the individual, while stationed at the branch, be allowed to work both at the client site and remotely with the overseas development team. After careful planning and working closely with the H.R. team, we were able to obtain adequate documentation to demonstrate the knowledge possessed by the employee was distinct and developed; in addition we showed the complexity and understanding required to work with the platform was not generally available within the company. The petition was filed using premium processing and approved within a week!

L-1A Approval for Vice President, Business Development (Start Up- Mobile App Developer)

When we were approached by the Vice President of a start-up mobile app developer who had just established a small office in NYC, we were naturally skeptical of his chances for an L-1A Visa. The Parent Company did show complexity in management, but had little by way of a management structure established in the U.S. Be this as it may, a “New Office” can demonstrate viability by documenting the managerial/executive nature of a position through a solid business plan with projections of growth that encompass a managerial position in the future. Therefore, we went about advising the U.S. representative to put together a checklist that we then passed on to a professional business plan writer for elaboration. Within a few weeks, we were able to come up with a solid plan for growth as envisioned by the Company and this was the foundation for the L-1A Petition that followed. The USCIS sought clarification of the size and scope of the new Office and wanted to see capacity to grow. This was achieved by obtaining a letter from the current landlord showing growth potential and backed by a floor plan identifying areas to grow. The Petition was premium processed and approved immediately.

Careful planning and execution are hallmarks of a good L-1 Petition. Skimping on detail will lead to lengthy RFEs and potential denial.