L-1 Executive/Manager: Intra-Company Transfers to the U.S.

The L-1 visa is designed to facilitate the transfer of certain employees of international companies to a U.S. branch, subsidiary, or affiliated entity. This visa category is ideal for foreign nationals who have worked for a qualifying company abroad and are now being relocated to the U.S. to perform either executive/managerial roles or tasks requiring specialized knowledge. If you’re seeking assistance with your L-1 visa application, our experienced L-1 visa attorneys in San Jose, Pleasanton, and beyond the Bay Area are here to guide you through the process.

Qualifications for the L-1 Visa

To qualify for an L-1 visa, both the foreign company and the U.S. entity must meet specific criteria. The U.S. business must be operational, though it need not conduct international trade or be in the same field as its foreign counterpart. However, ownership must demonstrate control over both entities.

• L-1A Visa (Executives and Managers): Applicants must have worked abroad for the foreign company for at least one continuous year within the three years preceding the visa application. The role in the U.S. must be in an executive or managerial capacity.
• L-1B Visa (Specialized Knowledge Workers): Employees with specialized knowledge of the company’s products, services, or internal operations also qualify for this visa if they meet the same time and employment conditions.

Unlike other employment-based visa categories, obtaining a Labor Condition Application (LCA) from the Department of Labor is not required for employers under this visa classification.

Setting Up a New Office in the U.S.

If a foreign national is transferred to the U.S. to establish a new office, the employer must demonstrate that they have secured adequate physical premises for the office. Additionally, the office must be able to support an executive or managerial role within the first year after the L-1 visa petition is approved.

However, according to a recent USCIS memo, sole proprietorships are not eligible for the L-1A visa when establishing a new office in the U.S. This means that individuals who own and operate sole proprietorships will not qualify under this visa category, as the business structure does not meet the required qualifications for managerial or executive roles under the L-1A visa.

For businesses in San Jose, Pleasanton, and beyond the Bay Area, setting up a new office under the L-1 visa involves detailed planning and careful documentation, ensuring all legal requirements are met.

Dependents of L-1 Visa Holders

Spouses and dependent children under 21 years of age of L-1 visa holders are eligible to apply for the L-2 visa. Once in the U.S., spouses can apply for work authorization (EAD) under L-2 status, allowing them to work while their spouse holds the L-1 visa.

Validity Period for the L-1 Visa

• L-1A Visa (for executives and managers): Valid for an initial period of up to seven years.
• L-1B Visa (for specialized knowledge employees): Valid for up to five years.
• For new offices: The initial L-1 status may be granted for up to one year.

Any time spent in H-1B status will count against the maximum allowable time for an L-1A or L-1B visa.

Documentation Required for L-1 Visa Applications

To apply for the L-1 visa, the following documentation is necessary:

• Proof of a qualifying relationship between the U.S. and foreign entities, such as evidence of structure, ownership, and control.
• Documentation confirming the employee’s executive, managerial, or specialized knowledge role at the foreign company.
• Verification that the employee worked at the foreign company for at least one continuous year within the last three years.
• A comprehensive job description for the U.S. role that aligns with the visa category (executive/managerial or specialized knowledge).

Conclusion

The L-1 visa provides a powerful tool for international businesses seeking to transfer qualified employees to the U.S. Whether you are an executive, manager, or a specialized knowledge worker, obtaining this visa requires careful planning and precise documentation. If you are based in San Jose, Pleasanton, or beyond the Bay Area, our knowledgeable team at The Ahluwalia Firm can assist in preparing and filing the necessary documentation for a successful L-1 visa application.