What is the L visa for company transfers?
The L-visa category allows for intracompany transfers for individuals who entering the United States to further business interests of a foreign or multinational company. The visa allows for certain employees to contribute executive, managerial or specialized knowledge to the U.S. business. There are two types of L-visas. The first is for the transfer of an executive or manager while the second is for the transfer of an individual with specialized knowledge.[1]
In order to qualify for an L-1 non-immigrant visa the employer must prove:
1) that the employer has a qualifying relationship with the foreign company; and
2) currently doing business or will be doing business as an employer in the Unites States and in at least one other country.[2]
The employee must have been continuously employed full time by the foreign company in an executive, managerial, or specialized knowledge capacity for at least one year with the three years preceding the filing of the L petition.[3]
Certain organizations may qualify for a “blanket petition.” A business may be eligible for a blanket petition if it is engaged in commercial trade or services, has an office in the United states which has been doing business for more than a year, has three or more domestic and foreign branches, subsidiaries, and affiliates; and has at least 10 L-1 approvals within the last 12 month period, has U.S. subsidiaries/affiliates with at least $25 million in annual sales, or has a U.S. work force of at least 1,000 employees. A blanket petition establishes the required intracompany relationship in advance of filing individual L-1 petitions.
L-1A – Intracompany transferee Executive or Manager
The L-1A allows a U.S. employer to transfer an executive or manager from one of its foreign office to an office in the United States or for a foreign company to send the executive or manager to the United States with the purpose of establishing an office. The L-1A status may be held for a maximum of seven years with an initial period of three years with eligibility of two extensions for two additional years each.
An individual seeking to enter as a manager must be responsible for directing the activities and budget of a department, division, business unit or team through a subordinate staff of managers, professionals with degrees or technical specialists.[4] An executive exercises more senior level authority than a manager by exercising responsibility over various departments, divisions, or business units within the company.[5]
L-1B – Specialized Knowledge
The L-1B-visa category is generally subject to greater scrutiny by USCIS than the L-1A category due to perceived abuse.[6] Specialized knowledge is defined as “special knowledge of the company product and its application in international markets” or “an advanced level of knowledge of process and procedures of the company.”[7] This means the individual possesses special knowledge about the business’ product, service, research, equipment, techniques, management, or other interests and it application in international markets, or an advanced level of knowledge or expertise in the business’ processes and procedures.[8]
The L-visa is an important tool for many multi-national companies. This visa is becoming more important as the global market economy grows. With the reach of technology more companies are able to establish businesses in foreign countries, including the United States. The L-visa is visa that allows the leaders in the businesses to work in the United States. It is important to note that the L-visa is not a way to circumvent normal work visas and requires evidence of the specific qualifications for each category.
[1] INA § 101(a)(15)(L); http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
[2] 8 C.F.R. § 214.2(l)(1)(ii)(G)-(L); http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
[3] INA § 101(a)(15)(L) and 8 C.F.R. § 214.2(l)(1)(ii)(A)
[4] 8 C.F.R. § 214.2(l)(1)(ii)(B)
[5] 8 C.F.R. § 214.2(l)(1)(ii)(B)(3)-(4)
[6] Buffenstein, Daryl and Bo Cooper, “Business Immigration Law & Practice, Vol. 1, 863, AILA.
[7] INA § 214(c)(2)(B)
[8] 8 C.F.R. 214.2(l)(1)(ii)(D)