L-1A / L-1B Visas

In Depth Overview of L-1A and L-1B Requirements.

Eligibility Criteria for L-1 Intracompany Transferees:

1. Previous Employment Abroad:
   • • The noncitizen must have been employed abroad continuously for one of the three years preceding the application.
     • This employment must have been in a managerial, executive, or specialized knowledge capacity.
       
       
2. Purpose of U.S. Entry:
   • • The noncitizen must seek to enter the U.S. temporarily to work for the same employer or its parent, branch, affiliate, or subsidiary.
     • The U.S. position must also be in a managerial, executive, or specialized knowledge capacity.
       
       
3. Qualifying Employer Requirements:
   • A qualifying relationship must exist between the U.S. entity and the foreign operation employing the beneficiary.
   • The petitioning employer must continue to do business in the U.S. and at least one other country for the duration of the beneficiary’s stay.
   • The beneficiary must have been employed abroad continuously for at least one of the last three years in a managerial, executive, or specialized knowledge capacity.

Family Members of L-1 Beneficiaries

L-2 Classification:

• Spouses and unmarried dependent children (under 21) of L-1 beneficiaries may be granted L-2 classification with the same validity dates as the L-1 principal.
• L-2 spouses are authorized to work incident to status as of November 12, 2021, and may apply for an Employment Authorization Document.
• L-2 dependent children cannot work but may attend school.

L-1A for Managers and Executives

Managerial or Executive Capacity:

• Managers and executives must plan, organize, direct, and control an organization’s major functions.
• First-line supervisors are not considered managers or executives unless they supervise professional employees.
• The beneficiary need not perform the same work in the U.S. as abroad but must be primarily engaged in managerial or executive duties.

L-1B for Specialized Knowledge Workers

Specialized Knowledge Criteria:

1. Specialized Knowledge:
   • • The beneficiary must possess knowledge not commonly held throughout the industry.
     • This can include special or advanced knowledge of the petitioning organization’s products, services, processes, or procedures.
       
       
2. Factors for Specialized Knowledge:
   • Knowledge of foreign operating conditions valuable to U.S. operations.
   • Employment abroad enhancing employer’s productivity or competitiveness.
   • Knowledge normally gained through prior experience with the petitioning organization.
   • Knowledge of sophisticated or complex products or processes.
   • Knowledge beneficial to the petitioner’s market competitiveness.

Ownership and Control

Qualifying Relationship:

• There must be a qualifying relationship between the foreign and U.S. entities.
• The organization must have control over the U.S. and foreign entities.

Business Structures for L-1 Petitions

Sole Proprietorships:

• Cannot file L-1 petitions for the owner as it is not a separate legal entity.

Partnerships:

• Must meet the regulatory definitions of parent, branch, subsidiary, or affiliate.
• Requires submission of partnership agreements and other evidence of ownership and control.

Corporations and LLCs:

• Corporations and LLCs are separate legal entities that can file L-1 petitions for their members or owners.

Franchises:

• Must demonstrate a qualifying relationship exists between the foreign entity and the petitioner, not just a franchise agreement.

This guide summarizes the key requirements and criteria for L-1 intracompany transferee visas, blanket petitions, and the associated roles of beneficiaries and their family members, as well as the necessary documentation for various business structures. It provides a framework for assessing eligibility and preparing petitions to ensure compliance with USCIS policies.

Qualifying Organization

Definition:

A qualifying organization for L-1 purposes is a U.S. or foreign firm, corporation, or other legal entity which:

• Has a qualifying relationship (parent, branch, affiliate, or subsidiary).
• Is or will be doing business as an employer in the U.S. and at least one other country for the duration of the beneficiary’s stay.
• Meets the statutory definition of a nonimmigrant intracompany transferee.

1. Qualifying Relationship

• Types of Relationships: Parent, branch, affiliate, or subsidiary.
• Documentation: Must show the foreign and U.S. employers are the same or related (e.g., stock certificates, corporate bylaws, shareholder meeting minutes).
• Changes in Ownership: Require an amended petition if ownership/control changes post-adjudication.
• Common Non-Qualifying Relationships: Contractual, licensing, franchise agreements, less than 50-50 joint ventures, and charter membership arrangements.
• Publicly Traded Companies: May submit annual reports and SEC Forms 10K and 10Q as evidence.
• Corporate Reorganization: Requires review of merger documents to ensure the qualifying relationship remains post-reorganization.

2. Parent and Subsidiary

• Parent: Owns more than 50%, 50%, or less than 50% but controls the subsidiary.
• Subsidiary: An entity owned and controlled by a parent.
• Ownership and Control: Key factors in determining the qualifying relationship.

3. Affiliate

• Defined as one of multiple entities owned and controlled by the same parent, person, or group of persons.
• Includes entities marketing services under the same internationally recognized name in the case of accounting or management consulting services.

4. Branch

• Defined as an operating division or office in a different location of the same organization.
• Evidence: Business licenses, tax returns, office leases.

Doing Business

Definition:

Regular, systematic, and continuous provision of goods or services by a qualifying organization.

Requirements:

• U.S. and Foreign Employers: Must do business for the duration of the beneficiary’s stay.
• New Offices: Require evidence of physical premises and business plans to support executive/managerial positions within one year of petition approval.
• Foreign Employer: Must continue doing business throughout the beneficiary’s stay.

Managerial Capacity

Definition:

An assignment where the employee primarily manages the organization or a part of it, supervises other managers/professionals, or manages an essential function.

Key Points:

• Personnel Manager: Must supervise and control the work of other supervisory, professional, or managerial employees.
• Function Manager: Manages an essential function, acts at a senior level, and exercises discretion over the function’s operations.
• Evaluation: Requires a detailed description of duties, organizational structure, and business activities.

Executive Capacity

Definition:

An assignment where the employee primarily directs management, establishes goals/policies, exercises wide discretion, and receives only general supervision.

Key Points:

• Responsibilities: High-level responsibilities and primarily engaged in executive duties.
• Detailed Description: Required to demonstrate the executive nature of the role.

Specialized Knowledge

Definition:

Special knowledge of the petitioning organization’s products/services and their application in international markets, or advanced knowledge of the organization’s processes/procedures.

Key Points:

• Special vs. Advanced Knowledge: Special knowledge is distinct or uncommon in the industry, while advanced knowledge is not commonly found and greatly developed.
• Documentation: Detailed descriptions, training records, patents, or evidence of impact on the organization’s competitiveness.

New Office

Definition:

A new office is an organization that has been doing business in the U.S. for less than one year.

Requirements:

• Documentation: Evidence of physical premises, investment, organizational structure, and financial goals.
• Special Considerations: Detailed plans for supporting executive or managerial positions within one year.

One-Year Foreign Employment Requirement

Definition:

The beneficiary must have been employed abroad by the qualifying organization for one continuous year within the preceding three years.

Key Points:

• Continuous Employment: Time in the U.S. does not count towards this requirement.
• Timing: Must meet the requirement at the time of filing the initial L-1 petition.
• Breaks and Adjustments: Brief trips to the U.S. do not interrupt the requirement, but time spent working in the U.S. for the qualifying organization can adjust the three-year period.

Evidence for Beneficiary (Non-New Office)

Required Evidence:

• Qualifying organization status.
• Business activities.
• Managerial, executive, or specialized knowledge capacity.
• One year of full-time employment abroad.

Evidence for Beneficiary (New Office)

Required Evidence:

• Secured physical premises.
• Financial ability.
• Detailed plans for the new office operation.

Special Considerations

Attestations and Evidence:

• Organizational charts, payroll records, position descriptions, and detailed explanations of the beneficiary’s role and business activities are crucial.
• L-1A Petitions: Emphasis on managerial or executive duties.
• L-1B Petitions: Detailed descriptions of specialized knowledge and its necessity for U.S. operations.

Limitations on Periods of Stay

Maximum Periods:

• L-1A: 7 years.
• L-1B: 5 years.
• Extensions: Up to 2-year increments until the maximum period is reached.

Exceptions:

• Seasonal, intermittent, or part-time employment.

Change from Specialized Knowledge to Manager or Executive

Requirements:

• Six months of managerial or executive experience.
• USCIS approval for the change in capacity.

Change of Status

Requirements:

• Legal entry, no unlawful employment, and valid I-94 expiration date.