L-1 Visa

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L Visas (L-1A and L-1B) for Temporary Workers

The L-1 visa is a strong immigration option for anyone wishing to reside and work in the U.S. Qualified personnel may be transferred by foreign companies to a U.S. branch, parent, subsidiary, or affiliate under the L-1 visa program.

Descripción general:

What is an L-1 visa?
What are the benefits of an L-1 visa?
What are the L-1 visa requirements?
Common issues regarding managers, executives, and specialized knowledge workers
Special rules for L-1 new office petitions
What documents are needed to apply for an L-1 visa?
How to apply for an L-1 visa
L-1 extensions
L-1 Blanket visa
How to go from an L-1 visa to a green card
Conclusion

1. What is an L-1 visa?

A manager, executive, or anyone with specialized expertise can be transferred from a foreign firm to a U.S. corporation with the use of the L-1 visa, which is a non-immigrant visa. The U.S. business must be the foreign business’ parent, subsidiary, or affiliate.

The relocated employee must serve as a manager, executive, or anyone with specific expertise for the U.S. organization. The visa is especially known as an L-1A visa if the person will work as a manager or executive. The visa is known as an L-1B visa precisely if the individual will work as a person with specialized expertise.

A self-petition cannot be submitted for an L-1 visa. The petition must be submitted by the U.S. business on behalf of the workers. The L-1 visa holder is therefore referred to as the beneficiary and the U.S. corporation as the petitioner.

The L-1 visa gives you the ability to remain in the country for extended periods while also granting your spouse and children immigration privileges.

2. What are the benefits of an L-1 visa?

Ability to live and work in the U.S.

You are permitted to live in the country and work for your L-1 employer if you have an L-1 visa

An extended period of stay

The L-1A for managers and executives has a three-year initial validity period and a seven-year maximum extension period.
The initial validity of the L-1B visa for those with specialized expertise is three years, and it is extended for a total of five years.

Dual intent visa

You must have a non-immigrant purpose to get several non-immigrant visas, including the B-1/B-2 guest visa. This implies that you must have the intention of leaving your current country and not moving to another one, such as the United States.
The L-1 visa is a dual-intent visa, which means that you may have the intention to visit the United States temporarily while also considering future immigration and potential status as a lawful permanent resident.

No set wage requirements

The U.S. employer is not required to pay you a certain salary if you have an L-1 visa.
You must receive compensation consistent with your position and work title to qualify for some visa categories. This criterion does not apply to the L-1.
Your U.S. employer must still follow state and federal minimum wage rules.

Immigration benefits for your family

Your spouse and unmarried children under the age of 21 may travel with you to the United States if you are granted an L-1 Visa.
As your dependents, your spouse and unmarried children would be L-2 status.
To work in the U.S., your spouse can seek employment permission
Your kids can go to U.S. schools and receive an education there.

L-1 visa is eligible for premium processing

For an extra $2,500 cost, USCIS offers premium processing, which expedites the handling of your L-1 petition.
If you choose premium processing, USCIS will respond to your L-1 petition within 15 days of receiving it.

No annual limit to the number of L-1 visas issued

The total number of L-1 visas that may be given each year is unlimited
Contrary to other visas, such as the H-1B visa, which has an annual quota, L-1 does not.

3. What are the L-1 visa requirements?

To get an L-1 visa, there are 4 main requirements:

The foreign firm and the U.S. corporation need to have a qualifying connection
Before submitting the L-1 petition, the employee needed to have been consistently employed full-time by the foreign employer for at least one year within the previous three years
A management, executive, or specialist knowledge position must have been held throughout the employment with the foreign firm.
The person must perform management, executive, or expert knowledge duties for the U.S. business.

There must be a qualifying relationship between the foreign company and the U.S. company.

The L-1 visa is used by international businesses to transfer certain employees to U.S. businesses. There must be a qualifying relationship between the foreign firm and the U.S. corporation to be granted an L-1 visa.

3 types of relationships qualify:

Parent/subsidiary
Branch office
Affiliate

Parent/Subsidiary

3 types of relationships qualify as parent/subsidiary relationships:

More than half of the other firm is owned by one of the businesses.
One of the businesses is a 50% partner in the joint venture with the other business. In this case, the parent business must have veto power over the subsidiary firm and equal control over it.
One of the corporations has authority over the other while owning less than half of it

Branch Office

Although it operates in a separate location, a branch office is the same business as its parent corporation
The branch office must be registered as a foreign firm operating in the U.S. to be eligible for L-1.

Affiliate

3 types of relationships qualify as affiliate relationships:

Two businesses that share a parent organization or parent person’s ownership and control
The same group of people owns and controls two businesses. An approximately equal percentage of any firm must be owned and controlled by each individual
Some global accounting firms.

Duration of the qualifying relationship

Throughout the L-1 beneficiary’s stay in the U.S., there must be a qualifying relationship between the U.S. corporation and a foreign organization.
The qualifying relationship for an existing U.S. business L-1 does not have to be between the U.S. firm and the foreign employer that the beneficiary previously worked for. Any qualifying connection to a foreign business should be acceptable.
For new business L-1, the foreign firm that the U.S. employee worked for must continue to exist and preserve a qualifying connection with the U.S. business if the U.S. company is deemed to be a “new business” (explained below).

The employee coming to work in the U.S. must have been continuously employed full-time by the foreign company for at least 1 year within the last 3 years before filing the L-1 petition.

The foreign worker who wishes to transfer to the U.S. must have been continuously employed full-time by the foreign employer for at least one year during the three years before submitting the L-1 petition to be eligible for an L-1 visa.
Continuous employment is required
The one year of continuous employment abroad is not interrupted by the time spent working legally for a branch of the same employer, a parent, affiliate, or subsidiary in the United States. They also do not have to be interrupted by brief trips for business or pleasure. However, those times do not count toward the year of qualifying employment. 214.2(l) of the Code of Federal Regulations.
By the time the L-1 application is submitted, the whole year of qualifying employment should have been met.
A full-time job is required (at least 35 hours a week). The full-time requirement is subject to one exemption in specific situations when the L-1 recipient worked for several related enterprises.

The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity

You must have held a management, executive, or specialized knowledge position for the firm to be eligible for an L-1 visa.

Managerial capacity:

You primarily:

Manage the company, or one of its departments, divisions, functions, or components.
Supervise and oversee the work of other management, professional, or supervisory staff members.
Take charge of a department or other division of the company that performs a crucial role.
For workers you directly oversee, you can recruit, fire, or suggest personnel actions. You perform at a senior level within the organizational structure or about the function controlled if no personnel are immediately under your supervision.
Additionally, you have flexibility over how the activity or function you are responsible for is carried out daily. Unless the person being supervised is a professional, a first-line supervisor is not deemed to be functioning in a management capacity just by their supervisory obligations. 214.2(l) of the Code of Federal Regulations.

Executive capacity:

Supervise the administration of the business or a significant part or function of the business.
Establish the organization, component, or function’s objectives and policies.
Apply a lot of judgment while making decisions.
Get general guidance or oversight from higher-ranking executives, the company’s board of directors, or its investors. Subdivision, duty, or element of the company. 214.2(l) of the Code of Federal Regulations.

Specialized knowledge:

It’s “an advanced degree of understanding of the company’s operations and procedures” or “specific knowledge of the company’s product and its use in foreign markets.” Section 214(c)(2)(B) of the INA.

What is special knowledge of the company product and its application in the international markets?

The term “special knowledge” refers to information that is unique or unusual compared to what is generally found in the relevant sector.

What is an advanced level of knowledge of the processes and procedures of the company?

It’s the “knowledge or expertise that is not commonly found in the relevant industry and it’s greatly developed further along in progress, complexity, and understanding than that generally found within the employer.” [Chapter 11 L-1 Visas and Nonimmigrant Status, Business Immigration: Law and Practice, Second Edition]

The employee’s work for the U.S. company must be in a managerial, executive, or specialized knowledge capacity.

You must be traveling to the U.S. to work in a management, executive, or specialized knowledge capacity for a U.S. firm to be eligible for an L-1 visa. This need is subject to the same definitions discussed above.

4. Common issues regarding managers, executives, and specialized knowledge workers managers and executives

Your specific visa type is L-1A if you want to work as a manager or executive for a U.S. firm
USCIS is essentially determining whether you will largely be engaged in the management or executive function for managers and executives.
The less probable it is that your position will qualify as a manager or executive, the more your role will be centered on the daily operations of the firm rather than the management of those activities.
There is a good likelihood that USCIS will assume that you will largely be focused on the day-to-day operations of the firm and that your business does not support a management or executive role if the U.S. company is tiny and just has a few workers. It’s one of the main reasons an L-1 visa is denied.
A full analysis of all the tasks you will accomplish for the U.S. firm, together with the proportion of time you will spend on each task, and an organizational chart of the U.S. company are all acceptable forms of proof to provide to disprove a rejection.

Specialized knowledge worker

Your specific visa type is L-1B if you want to work as a specialized knowledge worker for a U.S. corporation
You must demonstrate that the information you possess is not widely held to meet the requirements for specialized knowledge.
If it is determined that your information is not specialized, you should show proof of how long you have been developing the knowledge, how it has benefitted the foreign firm, and other factors showing its complexity and sophistication, among others.

Switching from L-1A to L-1B

You are not compelled to serve the U.S. corporation in the same capacity as you serviced the foreign company.
If you were a specialist knowledge worker for a foreign firm, you are eligible to join the U.S. company as a manager or an executive.
You can join a U.S. corporation to work as a specialist knowledge worker if you previously held management or executive positions with a foreign company.
Showing how the skills you acquired while working for the foreign firm will be applied to your position with the U.S. company, regardless of the role you will have there, will increase your chances of getting the job.

5. Special rules for L-1 New Office petitions

An L-1 visa must be obtained under exceptional circumstances if the U.S. company you will be working for has been “doing business” for less than a year.

What is a New Office?

A corporation that has a new office has less than a year of experience conducting business in the U.S. through a parent, branch, affiliate, or subsidiary.
The “regular, methodical, and ongoing providing of goods and/or services” is what “doing business” means. 214.2(l) of the Code of Federal Regulations.
Simply having a location in the U.S. does not constitute “doing business”; rather, there must be active company operations.

New Office petitions are more strictly scrutinized

L-1 requests for new positions are subject to more examination.
You have to enclose a business plan with your L-1 petition to increase your chances of getting approved.

Here are some of the factors that USCIS looks for with a New Office L-1 application:

The amount of your investment
Your intended personnel structure
The physical premises (office) you will be operating the business out of
The sustainability of the foreign company

Special rules for new office L-1A managers and executives

If you will be working for a new office in the U.S. as a manager or executive:

The foreign firm and the U.S. corporation need to have a relevant connection.
You must demonstrate that you have secured enough real estate to host the new office.
You must demonstrate that you have worked as a manager or executive for the foreign firm continuously for a full year.
In contrast to current offices, if you want to work as a manager or executive for a U.S. corporation, your prior experience had to be in such capacities (not specialized knowledge).
Additionally, you need to demonstrate that the U.S. firm will support a management or executive role within a year after the L-1 petition’s acceptance.
In contrast to existing offices, USCIS understands that you are more likely to participate in the day-to-day management of a new office as a manager or executive.
USCIS gives you a year to demonstrate that the U.S. firm would sustain a managerial role rather than immediately asking that you participate in managerial or executive duties for most of your time.
You can provide evidence that the U.S. company will support a managerial position in several ways, such as a business plan that details the office’s projections; details about the office’s nature, including information about its scope, organizational structure, and financial objectives; information about the foreign company’s level of investment in the U.S. business; and information about the foreign company’s financial capacity to pay for your services and startup operations in the U.S.
The initial status provided for a New Office L-1 is one year, in contrast to existing offices.
You must submit an extension before the first year expires if you want to keep your L-1 status. You must show that the U.S. firm currently supports a management role for your extension to be authorized.
The foreign business where you previously worked must continue to exist and must still have a legal connection to the U.S. business.

Special rules for New Office L-1B specialized knowledge workers

If you will be working for a New Office in the U.S. as a specialized knowledge worker:

The foreign firm and the U.S. corporation need to have a qualifying connection.
You must demonstrate that you have secured enough real estate to host the New Office.
You must demonstrate that the New Office has the resources to pay for your services and start doing business in the U.S.
It is also beneficial to include proof that the foreign firm will continue to function when submitting L-1B New Office petitions.
The foreign business where you previously worked must continue to exist and must still have a legal connection to the U.S. business.

In addition to the previously mentioned conditions for receiving an L-1 visa, you should consider:

If you are an owner or key stakeholder of the firm, your L-1 petition must include proof that your services will be employed for a temporary term and evidence that you will be moved to an assignment overseas once your temporary services in the United States are completed. 214.2(l) of the Code of Federal Regulations.

6. What documents are needed to apply for an L-1 visa?

Your L-1 petition’s supporting documentation is crucial to the approval of your visa. Depending on your unique situation, you may need to provide special documentation. Based on your unique situation, your immigration lawyer can assist you in determining precisely which papers you will need to submit.

Here is a general list of some of the documents you should expect to provide to your immigration lawyer:

Copies of your passport for you and your family
Your resume or CV
A detailed job description outlining your U.S. job
A detailed job description of your position with your foreign company
General information for both the U.S. company and the foreign company

7. How to apply for an L-1 visa

Step 1 – Hire an immigration lawyer

The L-1 visa is a very complicated visa category that calls for expertise, careful planning, and tact
Your immigration attorney will take you step-by-step through the procedure, have a thorough interview with you, and provide you with a full list of the paperwork they’ll need to prepare your L-1 petition.

Step 2 – Document gathering

At this point, you will compile all the material that your immigration lawyer has indicated as required, including an in-depth description of the position you are applying for with the U.S. firm, documentation of your employment with the foreign company, and other important information.

Step 3 – File Form I-129 and L-Supplement

The Petition for a Nonimmigrant Worker is on Form I-129.
To be eligible for an L-1 visa, your immigration attorney must submit this form
Along with the I-129, your immigration lawyer will also file the L-Supplement
It’s important to remember a self-petition cannot be submitted for an L-1 visa. You, the potential L-1 recipient, are the beneficiary, and your U.S. company is the petitioner.
The I-129 will also be accompanied by all supporting documentation, such as your CV, proof of employment with a foreign business, etc.
You can apply for an L-1 visa once your I-129 has been accepted.
Your procedure for a change of status is finished after I-129 is approved.

Step 4 – Apply for the L-1 visa

You would most likely apply for your L-1 visa at the consulate of your home country if you are not performing a change of status.
You can apply for your L-1 visa once your I-129 has been approved.
Your immigration attorney can help you arrange for a consulate interview and prepare the required paperwork.

Important note for Canadian citizens:

You can apply for your L-1 Visa straight at a U.S. port of entry if you are a citizen of Canada.
You would apply directly to the Customs and Border Protection Agency to do this.
You do not need to submit a petition to USCIS if you are a Canadian citizen.

8. L-1 Extensions

L-1A Extensions:

Initial L-1A issuance for managers and executives is for a duration of three years.
The L-1A is available for two different extensions, each for a duration of two years.
L-1A permits a total of 7 years of residence in the U.S.

L-1B Extensions:

The initial validity of the L-1B for specialist knowledge employees is two years.
The L-1B is entitled to have its validity extended twice, each time for a year.
L-1B permits you to remain in the U.S. for a total of five years.

New Office L-1 Extensions:

A New Office L-1 is granted a one-year beginning term
If you can demonstrate that the U.S. firm provides a management or executive role, you can extend the L-1 for L-1A managers and executives. The U.S. corporation must have enough employees to manage the day-to-day operations of the business to comply with this criterion.

Differences between New Office extensions and Existing Office extensions:

The specific foreign firm you worked for must continue to be open and operating for L-1 New Office extensions to be granted.
The specific foreign firm that you worked for does not have to remain open and operating for L-1 existing offices for the extension to be accepted. While you are in L-1 status, all that is required Is for there to be a foreign firm with a qualifying connection to the U.S. corporation. It need not be the same foreign business that you previously worked for.

9. L-1 blanket visa

The L-1 blanket visa certification is for employers who frequently rely on the L-1 visa to transfer foreign workers.

By getting an L-1 blanket visa approval, L-1 employees are eligible to apply for their L-1 visa directly at the consulate without having to get their I-129 approved first.

Who qualifies for an L-1 blanket visa?

To qualify for L-1 blanket certification:

The U.S. company and all parents, subsidiaries, and other qualifying organizations must be engaged in commercial trade or services;

The U.S. company must have an office in the U.S. that has been doing business for one year or more;
The U.S. company must have 3 or more domestic and foreign branches, subsidiaries, or affiliates;
The U.S. company and all other qualifying organizations must either:
- Have obtained approval of petitions for at least 10 L-1 workers within the last year;
- Must have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million;
- Have a U.S. workforce of at least 1,000 employees. [Code of Federal Regulations Section 214.2(l)]

10. How to go from an L-1 visa to a green card

The L-1 visa is a non-immigrant visa. As a result, the L-1 visa is transient and does not automatically result in a green card. You must either apply for an adjustment of status or apply for an immigrant visa overseas to transition from an L-1 visa to a green card.

Adjustment of status:

When you change your status from non-immigrant to immigrant, this is known as an adjustment of status.
You must be a resident of the United States legally to alter your status.
You do not need to go outside of the United States to complete the adjustment of status procedures.

Apply for an immigrant visa:

You might also select to apply for an immigrant visa overseas.
Consular processing, visa processing, or immigrant visa processing are all terms used to describe this procedure.

E-B1C:

The EB-1C visa is an immigrant visa category for multinational managers and executives, so it’s similar to the L-1A visa. To qualify for an E-B1C green card, you must show that:
In the three years just before you applied for the E-B1C, you worked for a foreign firm for one year.
You had to have been an executive or manager for the overseas business.
You must be applying for the E-B1C classification to work for a U.S. employer that is a branch, affiliate, or subsidiary of a foreign corporation.
You must have an executive or management position with a U.S. business.
A minimum of one year must have passed since the U.S. company began operation.

Work sponsorship:

A job offer from your employer that includes sponsorship for a Green Card is an additional choice.
Your employer will need to apply for and receive a labor certification to carry it out.
The labor certification attests that your company made an effort to fill a position they are giving you with a competent U.S. worker, but they were unable to do so.

E-B5:

The E-B5 is an immigrant visa based on an investment.
You must spend a minimum of $1.8 million (or $900,000 in some economically challenged areas) in a U.S. company to be eligible for an E-B5 visa.
Among other things, you must also establish a minimum of 10 full-time jobs for U.S. citizens.

Marriage:

You may also be able to apply for a green card if you become legally married to a U.S. citizen or a lawful permanent resident.

11. Conclusion:

People who want to shift from a foreign firm to a linked U.S. corporation have a strong choice in the L-1 visa.
You are permitted to stay and work in the U.S. for lengthy periods with an L-1 visa.
Through the E-B1C classification, you could also be able to convert your L-1 visa into a green card.
Please be aware that the L-1 visa is very complicated. Due to rampant misuse, USCIS has recently become considerably stricter and skeptical of L-1 applications. You should speak with an immigration attorney as soon as you can if you want to maximize your chances of receiving an L-1 visa. Your immigration attorney will support you throughout the entire process and help you put the best plan into action.