L-1 Visa
The L-1 visa, and nonimmigrant status allows for the intracompany transfer of employees of foreign entities to U.S. parent, affiliate, and subsidiary companies. In this way, key employees may contribute executive, managerial, or specialized knowledge skills to the U.S. business, and companies may ensure that their international operations are aligned in objectives and processes.
There are two types of L-1 status. Employees performing managerial or executive assignments in the United States hold L-1A status, with a maximum validity period of seven years, for an initial petition of three years and two extensions of two years each. Employees performing specialized knowledge assignments hold L-1B status, with a maximum validity period of five years, for an initial petition of three years and one extension of two years. Transferees may recapture any time spent physically present outside the United States, as this time should not count toward the maximum time limitations. Limited exceptions exist to the maximum periods of authorized stay for employment that requires only an intermittent presence in the United States. Dependent spouses and minor children of L-1 nonimmigrants obtain L-2 status, and L-2 spouses may obtain employment authorization.
L-1 Visa Consultation
Contact an L-1 Visa Lawyer
Tell us about your situation
Requirements & Eligibility
To qualify for L-1, the U.S. employer must:
1.
Have a qualifying relationship with the foreign entity as parent / subsidiary, parent / branch, or affiliates; and
2.
Currently be, or will be, doing regular, systematic and continuous business as an employer in the U.S. and in at least one other country directly for the duration of the foreign national’s stay in the United States as an L-1.
To qualify for L-1, the foreign national employee must:
1.
Have been working full-time in an executive, managerial, or specialized knowledge capacity for the qualifying foreign entity for one continuous year within the three years immediately preceding the filing of the L-1 petition; and
2.
Be seeking to enter the U.S. to provide services in an executive, managerial, or specialized knowledge capacity for a branch of the same employer or one of its qualifying organizations.
Executives direct the management of the organization or a major component or function of the organization; establish goals and policies of the organization, component, or function; exercise wide latitude in discretionary decision-making; and receive only general supervision from higher level executives, the board of directors, or stockholders of the organization.
Managers manage the organization, or a department, subdivision, function, or component of the organization; supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization; have the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and exercise discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.
Specialized Knowledge Employees have 1) “special” knowledge of the company product, service, research, equipment, techniques, management, or other interests and its application in international markets; or 2) an “advanced” level of knowledge or expertise of the processes and procedures of the company.
New Office L-1s
L-1 foreign nationals who are transferring to offices in the United States doing business for less than one year are subject to additional requirements. Importantly, an initial L-1 for a new office will only be approved for one year versus up to three years for other L-1s.
Aside from demonstrating the basic L-1 requirement that there is a U.S. and a related foreign entity, and that the foreign national has the qualifying employment with the petitioner outside of the United States, new office petitioners are not required to demonstrate that the new office is currently doing business. However, for executive and managerial transfers evidence must be submitted showing that:
1.
Sufficient physical premises to house the new office have been secured;
2.
The beneficiary has been employed for one continuous year in the three-year period preceding the filing of the petition in an executive or managerial capacity and that the proposed employment involved executive or managerial authority over the new operation; and
3.
The intended U.S. operation, within one year of the approval of the petition, will support an executive or managerial position supported by information regarding:
- The proposed nature of the office describing the scope of the entity, its organizational structure, and its financial goals;
- The size of the U.S. investment and the financial ability of the foreign entity to pay the beneficiary and to start doing business in the United States; and
- The organizational structure of the foreign entity.
Application Process
A Form I-129 Petition along with the L Supplement is filed by the U.S. employer petitioner with the U.S. immigration service (USCIS) on behalf of the foreign national employee beneficiary. A significant amount of supporting documentation is submitted along with the basic immigration forms to prove that the case meets the L-1 rules and regulations.
Such documentation should include a statement from the U.S. Company; a statement from the Foreign Company; evidence of the qualifying relationship between the two entities such as incorporation documents, share certificates, tax returns, bank statements, organization charts, etc.; evidence of the beneficiary’s qualifying employment abroad and qualifying skillset; biographic information about the L-1 beneficiary and his or her family; and copies of biographic pages of passports of the L-1 beneficiary and his or her family, including marriage and birth certificates.
If the L-1 beneficiary is in the U.S. at the time of filing the L-1 petition in some other status such as B-1 visitor, a change of status can be requested within the I-129L petition. Otherwise, once the L-1 petition is approved, the beneficiary would present the L-1 approval notice to the U.S. Embassy or Consulate in their home country where they would apply for and receive the L-1 visa with which to enter the U.S. in L-1 status.
For How Long is the L-1 Granted?
The USCIS will generally approve an L-1 petition for up to 3 years, except for new office L-1s, which will be approved for 1 year. The L-1 may be extended in 2-increments, with the L-1A Executive or Manager capped at a total of 7 years, and an L-1B Specialized Knowledge Employee capped at 5 years.
How are Family Members Treated?
L-1 spouses and children under the age of 21 years receive L-2 Derivative status. L-2 spouses are allowed to work in the U.S. with an employment authorization document, but not L-2 children. L-1 principals and L-2 derivatives can attend school in the U.S.
Frequently Asked Questions (FAQs)
1.
Can my L-1 employer sponsor me for a green card?
Yes. If you are an L-1A executive or manager, your U.S. employer can file an immigrant petition (Form I-140) with the USCIS under the First Preference Employment-based Classification (EB-1). Once that immigrant petition is approved, you and your family can then file applications to adjust your status (Form I-485) to that of a lawful U.S. permanent resident (green card).
If you are an L-1B specialized knowledge employee, your U.S. employer can file a PERM labor certification with the U.S. Department of Labor with proof that there are no U.S. workers qualified for your position. Then your employer will file the I-140 immigrant petition with the USCIS under the EB-2 or EB-3 classification, and when a visa is available, you and your family will then file the I-485 applications for green cards.
2.
Can small businesses qualify for L-1?
Yes. To qualify for L-1, neither the foreign company nor the U.S. company have to be large. The foreign company must have been doing business for at least one year, and ideally it should have layers of executives/managers, supervisors, and front-line employees, with appropriate revenues to support the size of the organization. The U.S. company can also be small, and in the case of a new office L-1, a start-up. Again, it is important to show that the company has or will have (as documented in a business plan) layers of executives/managers, supervisors, and front-line employees, with appropriate revenues to support the size of the organization.
3.
What happens if the company abroad where I worked closes?
As long as the U.S. company remains open, and there is some related foreign entity abroad to which you can be transferred once your L-1 assignment is complete, you will be able to maintain your L-1 status in the U.S.
4.
How long does it take to get an L-1 approved?
An L-1 is a very document-intensive petition. In addition to a number of government forms, the visa requires the submission of a binder full of documentation that is often quite lengthy. As a practical matter, getting the L-1 packet to a point where it is ready to be presented to the USCIS can take 2 – 3 weeks. Once the documentation is filed, processing time is generally 1 – 2 months. This can be shortened by paying an additional government fee for the USCIS Premium Processing Service.
5.
I am Canadian. Is there a special process for me?
Yes. As Canadians do not require a visa in order to enter the U.S., you have two different options to enter in L-1 status. You may present the L-1 approval notice from the USCIS and your Canadian passport at any port of entry and be admitted in L-1 status. Alternatively, you can present the L-1 petition packet along with your application for admission in L-1 status directly with a U.S. Customs and Border Protection officer at a Class A port of entry located on the U.S. – Canada border or at a U.S. pre-flight or pre-clearance station in Canada.
6.
Can my spouse work in the U.S.? If so, how quickly can s/he do so?
Yes. Once your spouse is in the U.S. in L-2 status, s/he can file an application for an Employment Authorization Document (EAD) using a Form I-765. Processing times can take approximately 6 months, depending on which USCIS office is processing the application and their current workload.
7.
Do I need a lawyer?
Yes. Like most U.S. immigration laws, the L-1 visa rules and regulations are complicated and you must demonstrate to U.S. government officers that you have met each and every one of the legal elements. In addition, the documentation requirements for an L-1 visa are quite extensive, the supporting documents need to be well organized and presented, and a legal brief must be written demonstrating how your case satisfies all the L-1 requirements.
