The L nonimmigrant classification was created to permit international companies to temporarily transfer qualified employees to the United States for valid business-related purposes, including improving management effectiveness, expanding U.S. exports, enhancing competitiveness in global markets, and more.
The L-1 Intracompany Transferee Visa is available to foreign nationals who, within the three years preceding their admission to the United States, have worked continuously for at least one year outside the U.S. for a qualifying organization as a manager, executive, or in a position requiring specialized knowledge. The employee must enter the United States to work in a similar qualifying capacity for the related U.S. company.
Advantages
- No annual cap (quota) on the number of L-1 visas.
- No university degree is required in most cases.
- No prevailing wage requirement (subject to public charge rules).
- Premium Processing is available for faster USCIS adjudication.
- Dual Intent is permitted, allowing applicants to pursue permanent residence.
- L-1A visa holders may qualify for permanent residence without labor certification.
- Spouses and unmarried children under 21 may receive L-2 status.
- L-2 spouses may apply for employment authorization to work in the United States.
- Personal or domestic employees accompanying L visa holders may qualify for B-1 visas.
Basic Requirements
1. Qualifying Relationship Between Companies
The foreign company and the U.S. company must have a qualifying relationship. Ownership and control establish whether the petitioner qualifies as a parent company, branch, affiliate, or subsidiary.
2. Business Operations in Multiple Countries
The qualifying organization must actively conduct business in both the United States and at least one other country during the entire stay of the L-1 employee. Doing business means the regular, systematic, and continuous provision of goods or services. Simply maintaining an office or agent does not satisfy this requirement.
3. One Year of Employment Abroad
The employee must have worked continuously for at least one full year during the previous three years for the qualifying foreign employer.
The qualifying employment must have occurred entirely outside the United States. Temporary visits to the U.S. for business or pleasure generally do not interrupt the continuity of employment but may not count toward the required one year.
The qualifying experience must consist of continuous full-time employment. Several years of part-time employment cannot be combined to satisfy the one-year requirement.
4. Employment in a Qualifying Position in the U.S.
The employee must enter the United States to work in one of the following
capacities:
- Manager
- Executive
- Specialized Knowledge Professional
The position in the United States does not have to be identical to the foreign position, and promotions within qualifying categories are permitted.
L-1A Visa – Executive and Managerial Positions
An executive or managerial position involves significant authority and responsibility. Executives and managers direct major business functions, develop policies, supervise personnel, and make important operational decisions.
Executive Capacity
An executive primarily:
- Directs the management of the organization or a major department.
- Establishes organizational goals and policies.
- Exercises broad discretionary authority.
- Receives only general supervision from senior executives, directors, or owners.
Managerial Capacity
A manager primarily:
- Manages the organization or a department.
- Supervises professional, supervisory, or managerial employees.
- Has authority over hiring, firing, promotions, and personnel decisions.
- Exercises discretion over day-to-day business operations.
Employees who qualify as executives or managers abroad and in the United States receive L-1A classification. These individuals may later qualify for permanent residence through the EB-1 Multinational Manager or Executive immigrant category without labor certification.
L-1B Visa – Specialized Knowledge Professionals
The L-1B category is intended for employees possessing specialized knowledge of the company’s products, services, research, equipment, techniques, management, or proprietary processes.
Specialized knowledge must be significantly different from the knowledge commonly found in the industry and usually results from substantial experience with the petitioning organization.
Examples of Specialized Knowledge
- Knowledge valuable to the employer’s competitive position.
- Expertise regarding foreign operating conditions.
- Experience as a key employee contributing significantly to company success.
- Knowledge acquired only through extensive experience with the employer.
Employees initially admitted under L-1B status may later be promoted to managerial or executive positions. However, permanent residence through the EB-1 Multinational Executive or Manager category generally requires that both the foreign position and the U.S. position qualify as executive or managerial roles. Otherwise, the employee typically must pursue permanent residence through a labor certification-based process.
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