Immigration attorney in Torrance

L-1 visas are used by companies to facilitate the transfer of certain employees  to the United States to continue work with the same employer, its  parent, or a branch, subsidiary, or affiliate.

• L-1A visas are available to individuals working in an executive or managerial capacity.
  
• L-1B visas are available to individuals working in a position involving “specialized knowledge.”
  

In  addition to meeting other requirements, L-1A and L-1B visa applicants  must have worked for a qualifying organization abroad for one continuous  year within the three years immediately preceding his or her admission  to the United States. 

Generally, employers seeking to sponsor an  individual for an L-1A or L-1B visa must first file and obtain approval  of an L-1A or L-1B petition with USCIS, unless USCIS has recognized the required intracompany relationship between the U.S. and overseas entity  through the approval of a “blanket L” petition. In such cases, the L-1  applicant may proceed directly to a U.S. consulate to apply for a visa.

Under  NAFTA, Canadian L-1 applicants may submit an L-1 petition and request  admission to the United States with CBP at a Class A port of entry along  the northern border or at a pre-clearance station in Canada.

PARENT, BRANCH, AFFILIATE AND SUBSIDIARY

The terms “parent,” “branch,” “affiliate,” and “subsidiary” are defined at 8 CFR 214.2(l)(1)(ii)(I–L):

(I) “Parent” means a firm, corporation, or other legal entity which has subsidiaries.
(J) “Branch” means an operating division or office of the same organization housed in a different location.
(K)  “Subsidiary” means a firm, corporation, or other legal entity of which a  parent owns, directly or indirectly, more than half of the entity and  controls the entity; or owns, directly or indirectly, half of the entity  and controls the entity; or owns, directly or indirectly, 50 percent of  a 50-50 joint venture and has equal control and veto power over the  entity; or owns, directly or indirectly, less than half of the entity,  but in fact controls the entity.
(L) “Affiliate” means:
(1) One of two subsidiaries both of which are owned and controlled by the same parent or individual, or
(2)  One of two legal entities owned and controlled by the same group of  individuals, each individual owning and controlling approximately the  same share or proportion of each entity, or
(3) [relates solely to certain international accounting firms]

L-1A VISA FOR INTRA-COMPANY TRANSFER OF EXECUTIVES AND MANAGERS

Using  the L-1A visa process, a company can transfer a qualified executive or  manager to the United States to an existing or a newly created  subsidiary.

To qualify for the L-1A Intracompany Transferee Executive or Manager, you must:

• Generally  have been working for a qualifying organization abroad for one  continuous year within the three years immediately preceding his or her  admission to the United States and
  
• Be  seeking to enter the United States to provide service in an executive  or managerial capacity for a branch of the same employer or one of its  qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial  capacity generally refers to the ability of the employee to supervise  and control the work of professional employees and to manage the  organization, or a department, subdivision, function, or component of  the organization. It may also refer to the employee’s ability to manage

an essential function of the organization at a high level, without  direct supervision of others. 

L-1B VISA FOR ALIENS WITH SPECIALIZED KNOWLEDGE

To qualify for the L-1B Intracompany Transferee Specialized Knowledge classification, you must:

• Generally  have been working for a qualifying organization abroad for one  continuous year within the three years immediately preceding his or her  admission to the United States and
  
• Be  seeking to enter the United States to provide services in a specialized  knowledge capacity to a branch of the same employer or one of its  qualifying organizations.

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.