Employment Based Immigration
L-1A and L-1B
Intracompany TransfereesWhat is a L-1 visa?
There are two types of L-1 visa classifications for intracompany transferees.L-1A
The L-1A visa is an employment based non-immigrant visa that allows a U.S. employer to transfer an “executive” or “manager” from one of its affiliated foreign companies or offices to one of its companies or offices in the U.S. This type of employment based visa also allows a foreign company or enterprise which does not yet have an affiliated U.S. office to send an key “executive” or “manager” to the U.S. with the purpose of forming or setting up an new office here.L-1B
The L-1B visa is an employment based non-immigrant visa that allows a U.S. employer to transfer a foreign employee with “specialized knowledge or skills” relating to the company’s interests from one of its affiliated foreign company to one of its offices in the U.S. Like L-1A, L-1B also allows a foreign company or enterprise which does not yet have an affiliated U.S. office to transfer a “specialized knowledge employee” to the U.S. with the purpose of establishing or setting up an new office here.What are the General Requirements of L-1 Employer?
What are the General Requirements of L-1A Employee?
1) In order to qualify as an L-1 Employer, the U.S. petitioning company must save a qualifying corporate or business relationship with a foreign company. These relationships include: parent company, branch office, subsidiary, or affiliate.
2) The U.S. petitioning employer must also demonstrate that the organization is currently, or will be, conducting business as an employer in the U.S. and in at least one other country directly or through a qualifying organization (i.e. parent company, branch, subsidiary or affiliate) for the duration of the L-1 employee’s stay in the U.S. as an L-1 visa holder.
3) Conducting or “doing business” as define by USCIS is “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.” This means that there must real business activities not just having an agent or office established.
What are the General Requirements of L-1B Employee?
1) The prospective L-1A transferee must has been employed as an executive or manager for a qualifying company abroad for at least one continuous year within the last three years.
2) The applicant must also demonstrate that he or she is seeking to enter the U.S. to provide service in an “executive” or “managerial capacity” for a branch of the same employer or one of its qualifying organizations (such as a parent company, subsidiary or affiliate).
3) “Executive capacity” means that the L-1A employee’s ability to make decisions of wide latitude without much oversight (i.e. Chief Executive Officer)
4) “Managerial capacity” is define as the ability of the L-1A employee to “supervise and control” the work of “professional employees” and to manage the company, or a department, subdivision, function, or certain component of the organization without direct supervision of others (i.e. VP of Product Engineering or Development).
5) For a foreign company looking to transfer an Executive or Managerial employee to the U.S. to establish a new office there, the employer must also demonstrate that the company has obtained sufficient space to operate and house the new office here in U.S.
L-2 Visa (Dependents of L-1 visa holder)
1) The prospective L-1B transferee must has been employed for a qualifying organization overseas for at least one continuous year within the last three years.
2) The applicant must also demonstrate that he or she seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the company or one of its qualifying organizations (such as a parent company, subsidiary or affiliate).
3) “Specialized knowledge” is generally defined as special knowledge possessed by an employee of the petitioning company’s product, service, research, equipment, techniques, management, or other interests and its application in global markets.
Qualifying family members (spouse and unmarried children who are under 21 years of age) of both the L-1A and L-1B visa holder may accompany him or her to live and stay in U.S. This is referred as the L-2 visa.Our Services for L-1A and L-1B Clients
Our law firm and team of professionals are ready to help employer and foreign professional workers with the L-1 visa petitions/applications.
Here is a general description of what our services may include.
- Provide a full review of the prospective L-1 employer’s corporate circumstances to see if the business or organization qualifies for an L-1 petitioner.
- Help the foreign company to incorporate a U.S. corporation or business entity.
- Provide a full review of the prospective L-1A or L-1B employee’s personal circumstances.
- Confirmation that the L-1A or L-1B visa is appropriate for the transferee or professional employee.
- Provide a comprehensive checklist of documents and evidence that you need to apply for the L-1A or L-1BB visa.
- Prepare of the L-1A or L-1B visa petition and Change of Status Application (if applicable).
- File L-1A or L-1B visa petition/application to the proper government agencies.
- Respond to all correspondence with USCIS and any additional “Request for Evidence”
- Advise the applicant on how to prepare for Consular interview (if applicable).
- Unlimited personal communication with our attorney relating to the case.