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L Visa Overview
L visas are for intra-company transferees who, within the preceding three years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate or subsidiary of that same employer in the US.
Workers can be petitioned individually or under a blanket petition, and must qualify as either a specialized knowledge professional or an executive/manager.
There are two types of L-1 visas. The L-1A visa allows multinational businesses to transfer managerial and executive personnel from foreign countries to the United States. This classification also enables a foreign company which does not yet have an affiliated US office to send an executive or manager to the United States with the purpose of establishing one.
The L-1B visa allows a US employer to bring in a foreign worker who has specialized knowledge relating to the organization's interests
from one of its affiliated foreign offices. This classification also enables a foreign company which does not yet have an affiliated US office to send a specialized knowledge employee to the United States to help establish one.
L-1A Category
US Petitioner of an L-1A Visa must demonstrate:
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- It has a qualifying relationship with a business entity in a foreign country, and
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The employer is currently, or will be, doing business* as a US employer and is doing business in at least one other country or through a qualifying organization for the duration of a beneficiary's stay in the US as an L-1,
and
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- The alien has been working for the foreign entity as a manager/executive for at least one year within the last three years, and
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The alien is coming to the United States to serve in a managerial/executive1 capacity,
and
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- Both the foreign and domestic companies are viable entities.
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An L-1A visa may be given to an Alien who is coming to the United States to open a branch, affiliate or subsidiary company. I
n addition to the above criteria
, e
vidence of both the physical premises of the operation in the US and that the new office can support an executive or managerial position within a year of the petition's approval must be demonstrated. Finances of the company must also be submitted. In such instances, the initial visa will be granted for a maximum of one (1) year, but can then be extended.
For all other L-1A visas, the maximum initial period of stay granted is generally three (3) years. The status can be extended up to a maximum stay of seven (7) years.
*
Doing business means the "regular, systematic, and continuous provision of goods and/or services by a qualifying organization - it does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad," according to the USCIS.
L-1B Category
US Petitioner of an L-1B Visa must demonstrate:
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- It has a qualifying relationship with a business entity in a foreign country, and
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The employer is currently, or will be, doing business* as a US employer and is doing business in at least one other country or through a qualifying organization for the duration of a beneficiary's stay in the US as an L-1,
and
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- The alien has been working for the foreign entity or qualifying organization for at least one year within the last three years, and
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The alien is coming to the United States to render services in a specialized
knowledge
2 capacity to a branch of the same employer or one of its qualifying organizations,
and
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- Both the foreign and domestic companies are viable entities.
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An L-1B visa may be issued to an Alien with specialized knowledge who is coming to the United States to help establish a branch, affiliate or subsidiary company. In addition to the above criteria, e
vidence of both the physical premises for operation in the US and that
the new office can pay the foreign worker
must be provided. Finances of the company must be submitted. In such instances, the initial visa will be granted for a maximum of one (1) year, but can then be extended.
For all other L-1A visas, the maximum initial stay period granted is generally three (3) years. The status can be extended up to a maximum stay of five (5) years.
*
Doing business means the "regular, systematic, and continuous provision of goods and/or services by a qualifying organization - it does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad," according to the USCIS.
Blanket L Petitions
Certain organizations may establish the required intra-company relationship in advance of filing individual L-1 petitions by filing a blanket petition.
Criteria for establishing eligibility for Blanket L Certification:
- The employer and each of the qualifying organizations must be engaged in commercial trade or services, and
- The employer must have an office in the United States which has been doing business for one year or more, and
- The employer must have three or more domestic and foreign branches, subsidiaries and affiliates, and
- The employer must meet one of the following criteria:
- Along with the other qualifying organizations, have obtained at least 10 L-1 approvals during the previous 12-month period; or
- Have US subsidiaries or affiliates with combined annual sales of at least $25 million;or
- Have a US work force of at least 1,000 employees.
The approval of a blanket L petition does not guarantee that an employee will be granted L-1 classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and on short notice without having to file an individual petition with USCIS. In most cases, once the blanket petition has been approved, the employer need only complete
Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send it abroad to the employee, along with a copy of the Blanket Petition Approval Notice and other required evidence so that the employee may present it to a consular officer.
Application Procedure
The process for obtaining an L-1 visa is similar to the process for an H-1B.
The US employer must file a Petition for Nonimmigrant Worker, Form I-129, with the
appropriate L Supplement to the Vermont Service Center. Included with the petition, must be evidence that the beneficiary has been employed overseas by the transferring organization for at least one (1) year within the past three (3) years, and that the beneficiary will be working for the same organization in the US. The petitioner must show that the beneficiary will be filling an executive/managerial position or possesses specialized knowledge.
After approval, the USCIS notifies the prospective employer and the relevant US Embassy. The beneficiary may then submit his/her visa application to a US Embassy or Consulate.
L-2 Visas
Spouses and children (under the age of 21) of L visa holders may apply for an L-2 visa in order to accompany or follow the principal applicant to the United States. Derivative applicants are generally granted L-2 status for the duration of the principal applicant's L-1 status.
If these family members are already in the United States and seeking a change of status to or extension of stay in the L-2 classification, they may apply collectively on Form I-539. Spouses of L-1 workers may apply for work authorization by filing Form I-765 (with the appropriate fee and supporting documents). If approved, there is no specific restriction as to where the L-2 spouse may work.
1As per the USCIS website, "
Executive capacity generally refers to the employee's ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function or component of the organization. It may also refer to the employee's ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for more complete definitions."
2As per the USCIS website, "
specialized knowledge means special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or expertise in the organization's processes and procedures. (See 8 CFR 214.2(l)(1)(ii)(D).) Such knowledge is beyond the ordinary and not commonplace within the industry or the petitioning organization. In other words, the employee must be more than simply skilled or familiar with the employer's interests."