L1 Visa
Overview
The L visa allows foreign companies to temporarily transfer employees with specialized knowledge (L-1B), or senior management such as executives and managers (L-1A) to their parent, branch, subsidiary or affiliate offices in the United States. In order to qualify for this status the applicant must show that he/she is entering the United States to work for the same company’s parent, branch, subsidiary or affiliate and that he/she will be employed in a specialized knowledge, executive or managerial capacity.
The company wanting the transfer of the employee must demonstrate that the development and organization of the company is at a point where there is a need for an individual with the applicant’s background. The applicant must have been employed full-time for at least one year of the previous three years in the position of specialized knowledge, or in and executive or management capacity for the company. The executive, manager or individual with specialized knowledge should not have been an independent contractor of the company, as this may not meet the requirement of being employed by the company for at least one year.
“Specialized Knowledge”
Means special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interest and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
“Manager”
The individual primarily manages the organization, or a department, subdivision, function, or component of the organization. A manager supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization. Managers 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. Managers 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.
“Executive”
An executive directs the management of the organization or a major component or function of the organization, and establishes the goals and policies of the organization, component or function. Executives exercise wide latitude in discretionary decision-making and receive only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Maximum Stay in the US
L – 1A
Maximum initial stay in this category may not exceed three (3) years. Extensions of stay may be authorized in increments of up to two (2) years. The total period of stay under this category may not exceed seven (7) years. After period of seven (7) years, the L – 1A alien must return to his/her home country for one year before being eligible to apply again.
If the alien is coming to the United States to open or be employed in a new office, the initial stay in this category may be approved for a period not to exceed one (1) year, with further extensions once the viability of the business has been shown.
L – 1B
Maximum initial stay in this category may not exceed three (3) years. Extensions of stay may be authorized in increments of up to two (2) years. The total period of stay under this category may not exceed five (5) years. After a period of five (5) years, the L -1B alien must return to his/her home country for one year before being eligible to apply again.
If the alien is coming to the United States to open or be employed in a new office, the initial stay in this category may be approved for a period not to exceed one (1) year; however unless the United States business is sizable it will be very difficult to prove the need for such an employee.
Spouses and Dependent Children
A spouse and/or dependent minor children accompanying or following to join an individual under L-1 status are entitled to L-2 nonimmigrant classification for the same length of stay and are subject to the same limits as the principal applicant under L-1 status. The spouse may be authorized to work in the US and the children are authorized to attend school.
Dual Intent
Dual intent is recognized for L status aliens. Meaning that an alien may be working temporarily in the United States on a L visa and at the same time for permanent residence.