L-1 Visas
The L-1 visa classification allows a U.S. employer to transfer its foreign personnel to its U.S. office in two categories:
-L-1A executive or manager
-L-1B specialized knowledge employee.
Eligibility Criteria
Both the employer and the employee must meet certain minimum criteria.
To petition for an L-1 visa, the U.S. Employer must show that it:
-Has a qualifying relationship with a foreign company. The qualifying relationship between the two entities can be as: Parent, Branch, Subsidiary or an Affiliate; and
-Currently is, or will be, doing business as an employer in the United States and in another country directly or through a related entity. Also, the relationship between the U.S. and the foreign entity must continue for the period of the L-1 worker's authorized stay.
More than Agent or Office Relationship Required
A primary requirement is that the U.S. employer be doing business. In the L-1 context, this means the regular, systematic, and continuous provision of goods and/or services by a qualifying entity. As such, a mere presence of an agent or office of the qualifying entity in the United States and abroad will not be sufficient.
In addition to the U.S. employer meeting certain criteria, the intra-company transferee (L-1 Worker) Emust also meet eligibility criteria, which varies based on the nature of the position.
L-1A Executive or Managerial Employee
To qualify as an L-1A executive or manager, the employee must:
-Have been working for a qualifying entity abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
-Be seeking to enter the United States to render services in an executive or managerial capacity with a qualifying entity.
Who is an executive or manager?
Executive capacity generally refers to the employee's ability to make decisions of wide latitude without much oversight.
To demonstrate managerial capacity, the evidence relating to the employee's ability to supervise and control the work of professional employees is required. Also acceptable is evidence of the employee's ability to manage the organization, or a department, subdivision, function, or component of the organization is helpful. In some circumstances, managerial capacity may include the employee's ability to manage an essential function of the organization at a high level, without direct supervision of others.
L-1B specialized knowledge employee
Like the L-1A employee, the L-1B employee must:
-Have been working for a qualifying entity abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
-Be seeking to enter the United States to render services in a specialized knowledge capacity with a qualifying entity.
What is specialized knowledge?
Specialized knowledge is 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. Currently, USCIS interprets this as the individual's knowledge going beyond the ordinary; and, it is not knowledge that is commonplace within the industry or the petitioning organization. Stated differently, evidence that the employee is more than simply skilled or familiar with the employer's interests is needed.
Contact the Paruthipattu Law Firm Today
The firm regularly assists clients with obtaining L-1 visas for its international personnel and helps with some of the more complex visa situations outlined below:
-Current L-1 Visa trends. Recent changes to the law has made it more challenging to U.S. employers that seek to place its L-1B employees at a third party worksite. Such employers must also show evidence of control and supervision of its employees.
-New office L-1. Given that U.S. continues to be a highly attractive business market, overseas companies that wish to setup and establish a U.S. presence must establish a new office L-1.
-Requests for Evidence (RFE). Increasingly, USCIS issues RFEs in L-1B petitions that involve third party placements, i.e., work sites not belonging to the petitioner. Responses to these RFE typically require an in-depth understanding of the federal regulations, the case law and thorough documentation.
The firm invites you to contact the office with any L-1 questions.