L-1A L-1B VISAS INTRACOMPANY TRANSFEREE

EXECUTIVE/MANAGER OR SPECIALIZED KNOWLEDGE

L-1A VISA - INTRACOMPANY TRANSFEREE EXECUTIVE OR MANAGER

This classification enables U.S. employers to transfer a manager or executive from one of its foreign offices to an office in the United States. It also enables foreign companies without affiliated U.S. offices to send a manager or executive to the United States with the purpose of establishing one.

AM I ELIGIBLE FOR L1A VISA?

To qualify for L-1 classification in this category, the employer must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade. 

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:

  • Generally have been working for a qualifying organization 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 provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

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 complete definitions.

CAN I QUALIFY TO OPEN A NEW OFFICE IN AMERICA?

For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:

  • The employer has secured sufficient physical premises to house the new office;
  • The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
  • The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

L-1B INTRACOMPANY TRANSFEREE SPECIALIZED KNOWLEDGE

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests 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 a specialized knowledge employee to the United States to help establish one. 

AM I ELIGIBLE FOR L1B VISA?

To qualify for L-1 classification in this category, the employer must:
  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade. 
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad. To qualify, the named employee must also:
  • Generally have been working for a qualifying organization 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 provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means either 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 an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)). 

CAN I OPEN AN OFFICE UNDER L1B VISA?

Yes, for foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:

  • The employer has secured sufficient physical premises to house the new office ; and
  • The employer has the financial ability to compensate the employee and begin doing business in the United States.

CALL NOW TO SEE IF YOU QUALIFY

It may sound simple, but the steps require significant time and in-depth analysis of your immigration history and the legal requirements. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress. We keep you updated every time there is a notice from the government and new policies by the President (Executive Branch).

​We are here to guide families every step of the way. We offer these services as a one-time fee or monthly representation fee.

CAN MY FAMILY MEMBERS QUALIFY?

ELIGIBLE FAMILY MEMBERS

  • Spouse
  • Unmarried child

The transferring employee may be accompanied or followed by their spouse and unmarried children who are under 21 years of age.  Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee. 

If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with fee, on an Form I-539, Application to Change/Extend Nonimmigrant Status.

CAN MY SPOUSE WORK?

Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization with fee.  If approved, there is no specific restriction as to where the L-2 spouse may work.

HOW LONG CAN I STAY IN AMERICA?

L1A: EXECUTIVE OR MANAGER
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

L1B: SPECIALIZED KNOWLEDGE:
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.

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