The Kidambi approach to processing L-1A/L-1B 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.
How does one qualify for an L-1?
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.
What is a blanket L-1?
The blanket L visa is available to large and midsize multinational organizations. This requires the petitioner meet the following four conditions:
- The petitioner and each of the entities included in the L Blanket petition are engaged in commercial trade or services;
- The petitioner has an office in the United States that has been doing business for one year or more;
- The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and
- 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.
What are some of the terms associated with L-1 and what do they mean?
“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.”
A branch is defined as an operating division or office of the same organization housed in a different location.
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.
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.