Overview of U.S. Non-Immigrant Work L Visas

The L-1 intra-company transferee classification is appropriate for the transfer of specified types of employees within multinational companies. This category permits a U.S. company to transfer certain employees from a properly affiliated foreign company temporarily. To qualify for this classification, the employee must be offered employment in either an executive/managerial position or in a specialized knowledge position. Executive/managerial transferees are given the L1A designation. Specialized knowledge transferees are given the L1B designation. Large employers may be eligible to file blanket L-1 petitions with the USCIS, rather than filing individual petitions for each employee.

Requirements of Eligibility for Applying for U.S. Non-Immigrant Work L Visas:

• To be eligible to file L-1 petition/s, a qualifying relationship must exist between the U.S. company and the foreign company. Qualifying relationships include parent company, branch, subsidiary, or affiliate.
• The transferred employee must have been employed by the foreign affiliate for at least one continuous year within the three years before coming to the United States.
• You may be eligible for an L-1 visa for “intra company transferees” if you are an executive, manager, or a worker with specialized knowledge who has worked abroad for a qualifying organization (including an affiliate, parent, subsidiary, or branch of your foreign employer) for at least one year within the 3 years preceding the filing of your l1 petition (or in some cases your admission to the United States) and the organization seeks to transfer you to the United States to open a qualifying new office in one of the capacities listed above. Initial period of stay in the United States: Up to 3 years (1 year for new office petitions). Extension is possible in up to 2-year increments. Maximum period of stay: 7 years for managers and executives; 5 years for specialized knowledge workers.

How We Can Help You with Applying for U.S. Non-Immigrant Work L Visas

• IMIGRUS can guide and represent employers in preparing individual and blanket L-1 petitions.
• Our attorneys can consult with companies considering or initiating the establishment of new offices in the United States concerning L-1-related planning for staffing a new office.
• We can provide representation and assistance in connection with L-1 visa applications at U.S. consulates.
• Our attorneys are available to consult with both employers and employees to discuss their options and responsibilities within the L-1 category.

 

General Qualifications of the Employer and Employee to Apply for U.S. Non-Immigrant Work L Visas

To qualify for L-1 classification in this category, the employer must:

• Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
• Currently, be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

Qualifying relationship means an organization abroad related to the U.S. organization as a “parent”, “branch”, “subsidiary”, or “affiliate”.

“Parent” means a firm, corporation, or other legal entity which has subsidiaries.

“Branch” means an operating division or office of the same organization housed in a different location.

“Subsidiary” means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
“Affiliate” means:

1. 1. One of two subsidiaries both of which are owned and controlled by the same parent or individual, or
   2. One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or
   3. In the case of a partnership that is organized in the United States to provide accounting services along with managerial and/or consulting services and that markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of the United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.

To qualify, the named employee must also:

• Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
• Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

 

Types of U.S. Non-Immigrant Work L Visas

1. L-1A, Intra company Transferee Executive or Manager: The L-1A non-immigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States to establish one.
2. L-1B, Intra company Transferee Specialized Knowledge: 
   The L-1B non-immigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.
3. L-2, Family of L-1 Workers
   The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 non-immigrant classification and, if approved, generally will be granted the same period of stay as the employee.

L-1 Blanket Petition:

1. Certain organizations may establish the required intra company relationship in advance of filing individual L-1 petitions by filing a blanket petition.  Eligibility for blanket L certification may be established if:
   • The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
   • The petitioner has an office in the United States which has been doing business for one year or more;
   • The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
   • The petitioner along with the other qualifying organizations, collectively, meets one of the following criteria:
     • Have obtained at least 10 L-1 approvals during the previous 12-month period;
     • Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
     • Have a U.S. workforce of at least 1,000 employees.

In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional.

Where an L-1 visa is required

In most cases, once the blanket petition has been approved, the employer need only complete a Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa.

Optional filing of Form I-129S with USCIS

If the prospective L-1 employee is visa-exempt, the employer may file the Form I-129S and supporting documentation with the USCIS Service Center that approved the blanket petition, instead of submitting the form and supporting documentation directly with CBP.

How long may I stay in the United States with this type of visa?

L visas are initially valid for up to 3 years. After that, L-1B visa holders can request an extension of stay for up to 2 years with a maximum limit of 5 years. L-1A visa holders can request two extensions granted for up to 2 years with a maximum limit of 7 years. Spouses and children can also enter the United States as dependents. Dependent spouses of L visa holders are authorized to work in the United States without having to apply for employment authorization.