L-1 Executive/Manager Visa

The L-1 visa is designed for certain employees of international companies who are being transferred to a U.S. branch, subsidiary, or affiliated entity. To qualify, the U.S. business must be operational; however, it does not need to conduct international trade or operate in the same field as its foreign counterpart. Ownership must maintain control over both entities. The L-1 visa facilitates the transfer of these employees to perform tasks that require “specialized knowledge” in the United States or to establish a new office. To be considered for the L-1A visa, managers or executives must have worked for the company abroad for a minimum of one continuous year in the preceding three years. For the L-1B visa, this applies to individuals with specialized knowledge. Unlike other visa categories, obtaining a Labor Condition Application from the Department of Labor is not a prerequisite for employers under this visa classification.

Should a foreign national be transferred to the U.S. to set up a new office, the employer needs to secure sufficient physical premises for the office, which must sustain an executive or managerial role within the first year post-L-1 visa petition approval.

Dependents

Spouses and dependent children under 21 years of age of L-1 visa holders qualify for the L-2 visa. L-1 visa holders’ spouses can apply for work authorization once they have entered the U.S. under L-2 status.

Validity Period

The U.S. may grant L-1A status to managers and executives for up to seven years, and L-1B status to those with specialized knowledge for up to five years. For new offices, the initial L-1 status may be up to one year. Any duration spent in H-1B status is included in the maximum L-1A or L-1B period.

Documentation Needed for the L-1 Visa Application

• Proof of a qualifying relationship between the U.S. company and its foreign counterpart in terms of structure, ownership, and control
• Documentation confirming the employee’s managerial, executive, or specialized knowledge role at the foreign company
• Verification of the employee’s tenure at the foreign company for at least one year in the three years prior to the application
• A comprehensive job description for the U.S. role, ensuring it fits within an executive, managerial, or specialized knowledge capacity

The Ahluwalia Firm’s Commitment Includes:

• Vigorous representation in proceedings with the USCIS
• Detailed assessment of your unique situation
• Meticulous management of correspondence with government entities
• Delivery of a service model that aims to surpass your expectations

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.

Source: USCIS Website