L1 Visa

What Is L1 Visa?

• The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

• If the employee will work as a manager or an executive, the visa is specifically called an L1A visa. If the employee will work as a person with specialized knowledge, the visa is specifically called an L1B visa.

• The L1 visa is not eligible for self-petition. The US company must file the petition on the employee’s behalf. Therefore, the US company is considered the petitioner, and the L1 visa recipient is considered the beneficiary.

• The L1 visa allows you to live and work in the United States for extended periods of time and also provides immigration benefits for your spouse and children.

Benefits

Ability to Live and Work in the USA

Extended Period of Stay

Dual Intent Visa

No Set Wage Requirements

Immigration Benefits for Your Family

L1 Visa is Eligible for Premium Processing

No Annual Limit to the Number of L1 Visas Issued

What are the L1 Visa Requirements?

There are several requirements for the L-1 visa:

• • • 1. The U.S. company and the foreign company must maintain a “qualifying relationship,” with one of the entities being the parent, subsidiary, branch, or affiliate of the other. A qualifying relationship could mean greater than 50% ownership interest and/or actual control by one entity of the other; each company is owned by the same group of individuals owning the same share or proportion of each entity.
      2. The L-1 visa applicant must have worked full time for at least 365 days during the past 3 years for an overseas office.
      3. The L-1 visa applicant must be in the managerial or executive position, or specialized knowledge capacity position in both the overseas and U.S. entities.
      4. The U.S. office should be in operation for a minimum of 1 year prior to application to minimize chances of denial. It’s possible to get a new office with under 1 year operation approved. However, the approval period will be 1 year only and will need to be renewed.
      5. Must have leased a premise / office for the U.S. company.

Managerial Capacity

Managerial Capacity means that you primarily:

• • • • Manage the organization, or a department, subdivision, function, or component of the organization;
      • Supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization;
      • You have the authority to hire and fire or recommend those types of personnel actions for employees directly supervised. If no employees are directly supervised, you function at a senior level within the organizational hierarchy or with respect to the function managed;
      • And, you exercise discretion over the day-to-day operations of the activity or function that you have authority over. A first-line supervisor is not considered to be acting in a managerial capacity just by virtue of their supervisory duties unless the employees supervised are professional.

Executive Capacity

Executive Capacity means that you primarily:

• • • • Direct the management of the organization or a major component or function of the organization;
      • Establish the goals and policies of the organization, component, or function;
      • Exercise wide latitude in discretionary decision-making;
      • And, receive only general supervision or direction from higher level executives, he board of directors, or stockholders of the organization. subdivision, function, or component of the organization.

Specialized Knowledge

• • • • Specialized knowledge is “special knowledge of the company product and its application in international markets” or “an advanced level of knowledge of processes and procedures of the company”

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

• • • • Special knowledge here means distinct or uncommon in comparison to what is typically found in the particular industry.