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:
- 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.
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.
FAQ
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.
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.
Yes, you can. There is no restriction on bringing family when entering in L-1B status.
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?
Yes, they will count against the overall limit of 6 years.
An L-1A would be the preliminary step towards establishing eligibility for EB-1C consideration.
- 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
- Seeks to enter the U.S to continue service to that firm or organization as a permanent worker.
- 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 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.
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).