L-1 Executive/Manager Visa
The L-1 Executive/Manager visa is available to employees of overseas companies who have a parent, subsidiary, branch, or affiliate entity inside the U.S. The business must be viable, but it is not required to engage in international trade or same type of business as the company overseas. However, the controlling ownership interests must be the same. The L-I Intra-company Transferee visa allows these employees to carry out services involving "specialized knowledge" in the U.S. for the U.S. entity or to open a new office within the U.S.. These employees must have been employed outside the U.S. for at least one continuous year within the past three years in either a manager or executive capacity to be eligible for the L-1A visa or as a person with specialized knowledge to be eligible for the L-1B visa. There is a special provision under this category that the employer is not required to obtain a Labor Condition certification from the Department of Labor (DOL) prior to petitioning for the employee.
If the foreign national is coming to the U.S. to open a new office, the employer must have secured the appropriate amount of physical premises to house the new office and it must support an executive or managerial position within one year of the approval of the L-1 visa petition.
An L-1 employee's spouse and unmarried children, who are under twenty-one (21) years of age, are eligible for the L-2 visa. The spouse of the L-1 visa employee may apply for work authorization after he or she is admitted to the United States in L-2 visa status.
Managers and executive employees may be admitted to the U.S. in L-1A status for a period of up to seven years, and employees with specialized knowledge may be admitted in L-1B status in the U.S. for a period up to five years. Managers and executive employees admitted to the U.S. to open a new office may be granted L-1 status for a period of up to one year. Any time spent in H-1B status by an L-1A or L-1B employee in the U.S. is counted towards the seven or five year limit period.
Evidentiary Requirements for the L-1 Intra-company Transferee Visa:
- Evidence of a qualifying organization relationship between the U.S. and foreign company support, ownership, and control
- Evidence pertaining to the employee's employment for the overseas company as an executive, manager, or employee with specialized knowledge
- Evidence pertaining to the employee's employment for the overseas company for one continuous year during the past three years
- Detailed written description of the proposed job duties and evidence that the proposed employment will be in an executive or managerial capacity, or skills involving specialized knowledge
At The Ahluwalia Firm, our emphasis is on :
- providing zealous representation before the USCIS
- providing careful review of your personal circumstances
- providing careful coordination of all correspondence with government agencies
- ensuring a service-delivery model that meets and exceeds your satisfaction
For additional information about our ability to help, prepare, and file all the necessary documents required to apply for the L-1 Intra-company Transferee Visa, contact us for reliable advice.