L-1 VISA
Intra-company Transferees
The L-1 visa is a non-immigrant work visa in the U.S. for employees of an international company with offices in both the foreign or home country and the United States, or employees of a company which intends to open a new office in the United States while keeping business interests in the foreign or home country. The employee (transferee) must have continuously worked for a subsidiary, parent, or affiliate branch of the company for at least one year within the last three years, prior to being granted an L-1 status.
There are two types of employee who may be sponsored for L-1 visas:
L-1A Executive and managers
An executive/manager to be considered for L-1A should be one who: a) directs the management of the organization or a major component or function of it; b) establishes the goals and policies of the organization; c) exercises wide latitude in discretionary decision-making; and d) receives only general direction or supervision from higher level executives, the board of directors, or stockholders.
The L-1A status is initially valid for three years, but may be extended in two-year increments to a maximum of 7 years.
L-1B Employees with specialized knowledgeSpecialized knowledge refers to the petitioning company'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 company's processes and procedures.
The L-1B status is initially valid for 3 years and can be renewed once for 2 years for a maximum validity of 5 years.
Basic Requirements for L VisaThe following are basic requirements in petitioning for L status:
- There must be a qualifying relationship (see below) between the business entity in the U.S. and the foreign operation that employs the transferee abroad.
- The petitioner company must continue to do business in both the U.S. and in at least one other country, either directly or through a parent, branch, subsidiary, or affiliate, for the duration of the intra-company transferee's stay in the U.S.
- The transferee must have continuously worked abroad for the petitioning company for at least one year, immediately prior to transferring to its U.S. operations.
- The transferee's employment must have been in a managerial, executive, or specialized knowledge capacity. The transferee's prospective employment must also be in a managerial, executive, or specialized knowledge capacity. However, a transferee manager in the foreign country may be a specialized knowledge employee once transferred to the company in the U.S., or vice versa.
In order to sponsor an application for an L1 visa:-
- A foreign parent must own at least 50% of a US subsidiary, and have veto powers over the subsidiary's actions.
- A US parent must own at least 50% of the foreign subsidiary, and have veto powers over the subsidiary's actions.
- Affiliate US and foreign companies must each be at least 50% owned by the same ultimate parent.
- A US organization with a branch office abroad qualifies, as does a foreign organization with a US branch (though this must be more than simply an agent or representative);
- A US organization which employs, for example sales personnel overseas, can sponsor such employees for L1's even if there is no non-US office.
In case of large corporations, the aforementioned ownership requirements are not strictly enforced, such that a substantial minority share holding would be considered a qualifying relationship.
Types of L-1 Visa PetitionsThere are two types of L-1 visa petitions:
- Regular L-1 visas
These must be applied for and approved for each individual by the USCIS. - Blanket L-1 visas
These are available to employers who hire large numbers of intra-company transferees every year and thus pre-qualify to transfer L-1 employees. Once the Blanket L-1 is approved, the company may transfer employees to the U.S. quickly and even on short notice, without having to file a separate petition for each transferee.
To be eligible for Blanket L-1 petitions, a company must have maintained a U.S. office for at least one year, and:
- Is engaged in commercial trade or services.
- Has at least 3 offices (either a branch, subsidiary, or affiliate) in the U.S. and overseas, and
- Has either one of the following:
- U.S. annual sales of $25 million;
- U.S. workforce of 1,000; or
- Has petitioned and obtained approvals for at least 10 L-1s in the past year.
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