L-1 Intracompany Transferee Visa
The L-1 program allows multinational companies to bring their foreign workers who possess either managerial skills or specialized knowledge from their foreign entity to their U.S. entity, for a temporary period of time.
L-1A vs. L-1B
The L-1A category is for foreign nationals coming to work in the U.S. in an executive or managerial capacity for a U.S. subsidiary, affiliate, or parent company of the foreign employer. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company. The L-1B category is for foreign workers who hold specialized knowledge of the company’s processes, procedures, or products that someone outside the company would not have. Both L-1A and L-1B employees must have worked for the foreign entity for at least one continuous year of the last three years prior to filing the application.
Requirements for Related Entities
There must be a corporate relationship between at least one foreign and one U.S. entity such as subsidiary, affiliate, parent. This relationship must be proven with corporate documents showing company ownership.
What is a Manager?
An employee is generally employed in a managerial capacity if their duties involve the supervision, control of the work to be performed by other professional personnel, and the management of an essential function of the organization or a subdivision of the company or organization.
USCIS defines managerial capacity as follows under section 101(a)(44)(A) of the Immigration and Nationality Act.
The term "managerial capacity" means an assignment within an organization in which the employee primarily-
(i) manages the organization, or a department, subdivision, function, or component of the organization;
(ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
(iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
(iv) exercises discretion over the day- to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.
What is Specialized Knowledge?
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.
Filing Requirements
The U.S. entity must file the petition on the foreign national’s behalf. The company seeking to transfer the qualifying employee must file USCIS Form I-129 Petition for a Non-immigrant Worker with the L supplement along with documents in support of the petition. The foreign company/qualified organization must either currently be doing viable business or demonstrate that they will conduct viable business in the U.S. and at least one other country through a qualifying organization for the duration of the beneficiary’s stay in the L-1 visa classification. “Doing Business” means a qualifying organization is engaging in business if there is regular, systemic, and continuous provision of goods and/or services. The qualifying organization and/or U.S. subsidiary must establish that the transferee will be coming to the United States to engage in business activities as outlined above.
Supporting Documents for L-1 Petition
Biographical Documents of Beneficiary:
Copy of Passport Biographic Page;
Copy of U.S. Visa Page (if applicable);
Copy of I-94 Arrival/Departure Record (if applicable);
Employment Verification Letter;
Payroll Stubs/ Earnings Statements –for the last year;
Sample Documents from Foreign Company/Qualifying Organization
Documentation establishing that the beneficiary has worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or was employed in a position involving specialized knowledge and that the beneficiary is coming to the U.S. to work in an executive, managerial, or a specialized knowledge position;
Documentation regarding the beneficiary’s position held at the foreign affiliate – e.g. position description; work product; projects completed, etc.;
Company statement describing the proposed position explaining the specialized knowledge required, current and future company projects;
Letter from company official explaining how the individual with specialized knowledge is integral to company operations;
Copies of articles of incorporation or equivalent;
Copy of certificate of Registration or equivalent
Copy of board authorization (startup organizations);
Company list of shareholders;
Copy of company’s most recent federal income tax return;
Copy of company lease for business premises;
Copies of profit & loss statements;
Copy of balance sheet;
Copies of company bank statements-for the past year;
Copy of company brochures, marketing material, website print outs;
Color photographs of business premises (interior and exterior);
Company organizational chart;
Company list of job titles and a brief job description of each position;
Evidence of establishment of a U.S. subsidiary or parent company (if one does not yet exist);
Documents from U.S. Subsidiary/Parent Company
Company statement including a job description and requirements for the beneficiary's position.
If the beneficiary will be applying for the L-1B visa classification, the statement should include a description of the specialized knowledge they possess integral to the company’s operations to do business in the United States;
If the beneficiary will be applying for the L-1A visa classification, the statement should include a list of employees the beneficiary manages, their job titles, and brief job descriptions, or the essential function the beneficiary will manage';
Copies of articles of incorporation;
Copy of organizational minutes;
Copy of IRS Letter for EIN issuance;
Copy of company stock ledger;
Copies of issued stock certificates;
Copies of bank statements-past year;
Copy of business license;
Copy of seller’s permit;
Employee organizational chart
Copy of commercial lease for business premise (square footage and floor plan)
Duration of Stay and Extensions
The initial period of approval allowed for L-1 category is a maximum of three years. Extensions of stay can be applied for a total period of up to seven years for L-1A and a total of five years for L-1B employees. In order to file for an extension, the employer should re-file USCIS Form I-129 Petition for Non-immigrant Worker along with L supplement along with supporting documentation.
Dependents
The family members of L-1 aliens can enter the U.S. under the L-2 category. Once in the U.S., an L-2 visa holding spouse is eligible to work pursuant to status.