L-1 Visa Guide

The L-1 visa is a non-immigrant visa that enables foreign companies to transfer executives, managers, or specialized knowledge employees to a related company in the United States. This U.S. company must have a qualifying relationship (parent, subsidiary, affiliate, or branch) with the foreign entity.

Types of L-1 Visas

• L-1A Visa: For executives or managers transferring to the U.S. or establishing a new office.
• L-1B Visa: For employees working in positions requiring specialized knowledge.

Advantages of the L-1 Visa

1. Right to Live and Work in the U.S.
   • L-1 visa holders can live in the U.S. and work for their sponsoring employer.
2. Extended Stay Options
   • L-1A Visa: Initially valid for 3 years, extendable up to 7 years.
   • L-1B Visa: Initially valid for 3 years, extendable up to 5 years.
3. Dual Intent Visa
   • Unlike many temporary visas, L-1 allows holders to pursue permanent residency without jeopardizing their visa status.
4. No Salary Restrictions
   • There are no mandatory wage levels; however, employers must comply with U.S. minimum wage laws.
5. Family Immigration Benefits
   • Spouses and children under 21 can join the visa holder in the U.S.
   • Spouses may apply for work authorization.
   • Children can attend U.S. schools.
6. Expedited Processing Option
   • Premium processing ensures a decision within 15 calendar days for an additional fee.
7. No Annual Cap
   • L-1 visas are not subject to numerical limits, unlike H-1B visas.

Requirements for L-1 Visa Eligibility

1. Qualifying Relationship Between Companies
   • The U.S. company and foreign company must have one of the following relationships:
     • Parent and subsidiary.
     • Branch office.
     • Affiliate.
2. Employment History With the Foreign Company
   • The employee must have worked full-time for at least 1 year within the 3 years preceding the petition filing.
3. Qualifying Role With the Foreign Company
   • The employee must have served in an executive, managerial, or specialized knowledge capacity.
4. Qualifying Role With the U.S. Company
   • The employee must perform a similar role in the U.S., consistent with their qualifications.

Who Qualifies for the L-1 Visa?

• Executives and Managers (L-1A Visa)
  • For positions focusing on strategic and organizational oversight rather than day-to-day operations.
  • Applications for smaller companies may require detailed proof of the managerial role, such as organizational charts and job descriptions.
• Specialized Knowledge Employees (L-1B Visa)
  • For positions requiring unique expertise, supported by evidence such as:
    • Experience and years of training.
    • Documentation of how this knowledge benefits the company.
    • Proof of the complexity of the knowledge or skills.

Switching Between L-1A and L-1B

• Employees may transition between L-1A and L-1B roles if their qualifications and roles align.
• It’s important to show how previous experience applies to the new position.

Special Rules for New Offices

1. Definition of a New Office
   • A new office is a U.S. entity operational for less than 1 year.
   • It must demonstrate systematic and continuous business activities, not just the existence of an office.
2. Increased Scrutiny for New Office Applications
   • Applications for new offices require:
     • A business plan.
     • Proof of operational capacity and financial stability.

Documents Required for L-1 Visa Applications

• Copies of personal and family passports.
• Detailed job descriptions for both foreign and U.S. roles.
• Corporate information for both the U.S. and foreign entities.

Steps to Apply for an L-1 Visa

1. Hire an Immigration Attorney
   • Due to its complexity, L-1 visa applications require professional legal guidance.
2. Gather Supporting Documents
   • This includes job descriptions, proof of employment, and evidence of company relationships.
3. File Form I-129 and L Supplement
   • The employer files Form I-129 with USCIS to initiate the process. Supporting documentation must demonstrate eligibility.
4. Complete the Visa Application
   • Applicants outside the U.S. apply through consular processing.
   • Those already in the U.S. may apply for a change of status.

Transitioning to Permanent Residency

• L-1 to Green Card Pathways:
  • The EB-1C Green Card for multinational executives and managers aligns closely with L-1A eligibility requirements.
  • Adjustment of Status: Available to L-1 visa holders residing in the U.S. legally.
  • Consular Processing: For applicants outside the U.S.
• Other Green Card Options:
  • EB-5 Immigrant Investor Visa.
  • Family-based petitions.

Important Considerations

• Job Role Documentation: Detailed job descriptions with time allocations and organizational charts help substantiate the role’s managerial or specialized nature.
• Avoiding Rejections: USCIS may deny applications for roles perceived as too operational or lacking in executive/managerial responsibilities, especially in smaller companies.
• Compliance with Regulations: Ensure all corporate relationships, employee qualifications, and job duties align with L-1 requirements.

Note: Applications for permanent residency must be prepared carefully, as USCIS has increased scrutiny of L-1 applications due to historical misuse.

Contact us today to get started on your application process with our experienced lawyers at Yellow Law Group and maximize your success with L-1 visas.