L-1A and L-1B Visas
The L-1A and L-1B visas are ideal for foreign workers who are transferring from a company abroad to a subsidiary, branch or affiliate office within the United States. This visa is also appropriate where a foreign company wishes to open a new branch office.
Eligible employees include executives, managers and employees who have specialized knowledge of the company's products and procedures.
Employers Who are Eligible for the L-1 Visa
Primary Eligibility Requirements
Factors determining a foreign company's eligibility to sponsor employees for an L-1 visa include:
Foreign company must remain operational with employees
U.S. company must be branch, affiliate, subsidiary of the foreign business or vice versa (i.e. 50% ownership)
U.S. company must be conducting business on a regular consistent basis unless opening a startup office
US company must hire professional employees who work on a consistent, part- or full-time basis
Clear demonstration of financial solvency
Employees Who are Eligible for the L-1 Visa
Eligible employees must be entering to work for the U.S. company as a manager, executive or to apply specialized knowledge of the company's products and operating procedures. Factors determining an applicant's eligibility include:
Within the past three years, the sponsoring company must have employed the applicant for one year at a branch outside the U.S.
The applicant must be seeking entry to provide temporary service to a branch office of the same employer (parent, affiliate or subsidiary company)
The applicant must demonstrate he or she has adequate education and experience to completing the U.S. job duties successfully
For a specialized knowledge employee, he or she must clearly demonstrate essential skills and familiarity with the company's proprietary software, product line, operating procedures, techniques, and other proprietary subject matter
Examples of Successful Cases that Qualify for an L Visa
We have successfully handled numerous L-1A and L-1B petitions for start-ups and small to large companies. Our expertise includes new office petitions, the dreaded “first extension of a new office” petition, regular extensions and addressing DHS Requests for More Evidence.
Difference between an L-1A and an L-1B visa
Multinational executives and managers are given the L-1A visa. Specialized knowledge workers fall under the L-1B visa category. One significant difference is time: a manager/executive (L1-A) may remain in the U.S. for up to seven years, while a specialized knowledge (L1-B) employee is only allowed a five-year stay.
Definition of L-1A Executive or Manager
An executive is someone who has primary responsibility for directing the management of the company or a major function, who creates and updates policies, strategies and goals, who has a very high level of independent decision making and has discretionary decision-making power without much oversight from the foreign company or Board of Directors.
A manager is divided into two subsections: one who manages an important company function or department and one who is more involved in the day to day running of the company. The latter definition includes hiring, training, supervising and firing employees, managing the company, a function or department, having discretionary decision making over daily practical operations. Additionally, those supervises must be professional (having bachelor's degrees) and the manager must also have a post-secondary degree in a relevant field of study.
Definition of L-1B Specialized Knowledge Employee
A specialized knowledge employee is someone who possesses skills, training and knowledge of the company's products, techniques, training manuals and operating procedures. Additionally, this person has knowledge that is: different from that generally found in the specified industry; uncommon and distinguished by some unusual quality; generally unknown by other professionals; essential to the company's competitiveness in the U.S. marketplace; difficult to teach or transfer to new workers; normally only gained through prior experience with the sponsoring employer.
Advantages of the L-1A Visa Over Other Employment Visas
The L-1A visa is distinguished from other employment visas in several ways. L-1A visa holders who are applying for a green card are allowed to skip the PERM labor certification application, the first step of the process. There is no minimum prevailing wage requirement, DHS filing fees are lower, and bachelor's degrees are not required to show eligibility. As a practical matter, a qualifying employee may obtain a green card more quickly than with other employment-based categories.
Green Card Procedures for L-1 Visa Holders
Applicants who have worked as Executives or Managers abroad and in the US may file through a two-step green card process Executives and managers do not need to file the time consuming first step (labor certification application). Other L-1A visa holders may apply through the normal three step process. We are happy to discuss with you during your initial consult!