L-1 Intracompany Transferee Visas
L-1A Intercompany Transfer of Managers or Executives or Persons with Specialized Knowledge
The L-1 is one of the most popular and flexible visa. Executives, managers, and specialized knowledge employees of multinational organizations are eligible for L-1 visas.
In order to qualify for an L-1 A/B:
- The petitioner company must have offices in the United States and at least one other country. 8 CFR §204.5(j)(2). **A contractual relationship between companies is usually not sufficient**
- The beneficiary must have worked as an employee of a qualifying organization abroad for at least one year in an executive or managerial capacity or in a position of specialized knowledge in the three years preceding the petition
- The beneficiary must be coming to work for the qualifying organization which is a parent (U.S. company owns all or most of the shares of the foreign company), subsidiary (the foreign company owns all or most shares of the U.S. company), or an affiliate (both the foreign and U.S. company are equally owned by the same people)
- The petitioner’s offer of employment must also be for an executive or managerial position
- The foreign company from which the Beneficiary is transferred to the U.S. must have qualified employees ready , willing, and able to fill in the position of the Beneficiary
An L-1 beneficiary may “mix and match” qualifying experience. In other words, a specialized knowledge employee may be transferred to a managerial position in the U.S., or a manager overseas may be transferred to a U.S. position based on his or her specialized knowledge. Whether the employee is classified as L-1A or L-1B depends on the nature of the U.S. position, not the nature of the qualifying employment overseas.
The visa is issued for a period of one year in the case of a new U.S. based office or for three years when the office has been conducting business for over one year. Following the initial one or three year period the visa may be renewed for a two year period.
If the Beneficiary is currently lawfully present in the U.S., he or she can change their status without having to the country. If the Beneficiary is abroad, he or she will have to attend an interview at the U.S. Consulate in their home country.
Premium processing is available for L-1 petitions. The employing petitioner may pay the additional $1,000 fee, and USCIS guarantees adjudication within 15 days of filing or the $1,000 fee is refunded.
Spouse and children (under 21 and unmarried) may accompany the L-1 visa holder to the U.S. and are eligible to apply for employment authorization (except minor children). The L-2 visa holders are also eligible to attend school while they are in status.
Green Card through L-1A/B-executives or managers of extraordinary ability
Executives and managers of extraordinary ability who have been in valid L-1A status for over a year may have their company file for permanent residency on their behalf. Most of the requirements surrounding this petition are the same or very similar to the original L-1 petition. An offer for permanent employment in a managerial or executive position must exist.
Spouse and children (under 21 and unmarried) will automatically qualify to adjust their status to permanent residency.
Blanket L-1 Petition
Certain multinational corporations, which are in need of more than ten manager/executive intercompany transfers per year, may be eligible to obtain approval of a blanket L petition. Once a Blanket L petition is approved, it may be used as a basis to seek entry of executives, managers, and specialized knowledge professionals as intercompany transferees between the various domestic and foreign branches, subsidiaries, or affiliates of the petitioner company.
The attorneys at the Law Offices of Yuri Tsyganov, PL have assisted numerous foreign managers and executives with the L-1A petition process. We may be able to help you or your company come up with a cost and time effective approach to all of your L-1A petition needs. Call us today for a Free Consultation.