Immigration attorney in Torrance

The L-1 visa allows qualifying companies to transfer certain employees to the United States to continue working for the same employer, or for a qualifying parent, branch, subsidiary, or affiliate.

There are two types of L-1 visas:

• L-1A      visa: For executives and managers.
• L-1B      visa: For employees with specialized knowledge of the company's      products, services, processes, procedures, or other interests.

To qualify for an L-1 visa, the employee generally must have worked for a qualifying organization outside the United States for one continuous year within the three years immediately preceding admission to the United States.

L-1 Visa Requirements and Petition Process

In most cases, the U.S. employer must first file an L-1 petition with U.S. Citizenship and Immigration Services (USCIS) and obtain approval before the employee can apply for an L-1 visa at a U.S. consulate abroad or, when eligible, seek admission to the United States.

Certain large companies that regularly transfer employees may qualify for a blanket L petition. When a blanket L petition has been approved, qualifying employees may generally apply directly for an L-1 visa at a U.S. consulate without the employer filing an individual Form I-129 petition for each employee.

Canadian citizens may have additional options for seeking L-1 classification at a U.S. port of entry under procedures applicable to Canadian L-1 applicants. The current framework is based on the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA.

Parent, Branch, Affiliate, and Subsidiary Companies

For an L-1 visa, the U.S. employer and the foreign company must have a qualifying relationship. Federal regulations define the terms parent, branch, subsidiary, and affiliate.

Generally:

• Parent: A firm, corporation, or other legal entity that has subsidiaries.
• Branch: An operating division or office of the same organization located in a      different location.
• Subsidiary: A company or other legal entity that is owned and controlled by a parent      company, directly or indirectly, under the ownership and control structures established by the regulations.
• Affiliate:  Certain companies that are owned and controlled by the same parent,      individual, or group of individuals, as defined by the regulations.

These corporate relationships are an important part of determining whether a company and employee qualify for an L-1 intracompany transferee visa.

L-1A Visa for Executives and Managers

The L-1A visa allows a qualifying company to transfer an executive or manager from a foreign office to a U.S. office. This may include transferring an employee to an existing U.S. company or to a newly established U.S. office.

To qualify for L-1A classification, the employee generally must:

• Have worked for a qualifying organization outside the United States for on continuous year within the three years immediately preceding admission to the United States; and
• Seek to enter the United States to provide services in an executive or managerial capacity for a branch, parent, subsidiary, or affiliate of the foreign employer.

What Is Executive Capacity?

Executive capacity generally involves the employee's authority to make decisions of broad scope and significance with relatively little supervision.

What Is Managerial Capacity?

Managerial capacity generally involves the authority to supervise and control the work of professional employees or to manage an organization, department, subdivision, function, or component of the organization.

Managerial capacity may also involve managing an essential function of the organization at a high level, even when the employee does not directly supervise other employees.

Because USCIS examines the employee's actual duties, organizational structure, staffing, and the nature of the U.S. business, simply giving an employee a managerial title does not necessarily establish eligibility for an L-1A visa.

L-1B Visa for Employees with Specialized Knowledge

The L-1B visa is available to employees who possess specialized knowledge of the petitioning organization's products, services, research, equipment, techniques, management, or other interests and their application in international markets.

To qualify for L-1B classification, the employee generally must:

• Have worked for a qualifying organization outside the United States for on continuous year within the three years immediately preceding admission to the United States; and
• Seek to enter the United States to provide services in a specialized knowledge capacity for a branch, parent, subsidiary, or affiliate of the foreign employer.

What Is Specialized Knowledge?

Specialized knowledge generally refers to:

1. Special knowledge possessed by the employee concerning the petitioning organization's products, services, research, equipment, techniques, management, or other interests and their application in international markets; or
2. An advanced level of knowledge or expertise in the organization's processes and procedures.

USCIS evaluates the employee's knowledge and expertise in the context of the petitioning organization and the specific position in the United States.

How an Immigration Attorney Can Help With an L-1 Visa

The L-1 visa process involves both the employee's qualifications and the relationship between the foreign and U.S. companies. Proper documentation of the corporate relationship, the employee's foreign employment, the proposed U.S. position, and the employee's executive, managerial, or specialized knowledge duties is essential.

An experienced L-1 immigration attorney can evaluate whether the company and employee meet the requirements for L-1A or L-1B classification and help prepare the petition and supporting documentation for USCIS.

If you are considering transferring an employee to the United States, contact our office to discuss whether the L-1A or L-1B visamay be appropriate for your business and employee.

This information is provided for general informational purposes only and does not constitute legal advice. Immigration laws and procedures may change, and eligibility depends on the specific facts of each case.