L1 Visa

There are two types of L-1 visa,

• L-1A, intracompany transferee executive or manager
• L-1B, intracompany transferee specialized knowledge

The only difference between these two L-1 visas is that you will be transferring a different class of employee to the U.S. Besides this, the requirements on both classes are similar.

The requirements are as follows,

    1.     The petitioning U.S. entity must have a qualifying relationship with your entity abroad

•  You must show that there is an association, whether as a parent , an affiliate, a subsidiary, or branch company
•  This can be shown through an article of incorporation showing common ownership between the two entities

    2.     Sufficient physical space must be secured for a new office

• Sufficient depends on what the nature of your business is
• A signed lease agreement could be provided as proof

    3.     The new office must be active and operating in one year after the transferee’s admission into the U.S. if they require an extension to stay

• This can be shown by hiring new staff, ordering inventory, or proof of the business’ revenue

    4.     After one year, the transferee must be working in the role that they were supposed to fill

• Often times, within the setting up stage, a manager, executive, or person with specialized knowledge may be working in a capacity that is not their job title, however, after one year they must be doing so
• The new firm must be able to support the transferee
• Can show this through bank statements

As you can see, there are various factors that must be taken into account before petitioning for the L-1. The petitioner must assess their eligibility, meet the requirements, submit the correct forms, and provide the accurate supporting documentation.

For many, this may sound overwhelming, and at Akrami & Associates, we understand that the process requires a lot of time and effort, which is why we are here to help. Call us today to find out more.

If you wish to qualify for the L-1 Visa, you must meet four requirements. The L-1 visa will allow a manager or executive to transfer working in an affiliated foreign office to transfer to an office in the U.S. The four requirements for this program are,

1. The petitioning U. S. entity must have a qualifying relationship with your entity abroad

• The foreign office you worked at must have a corporate relationship with the U.S. based office
  • This can be as a parent, affiliate, subsidiary, or branch
• Your position in the foreign office must have been as a manager, executive, or worker with specialized knowledge

2. Sufficient physical space must be secured for a new office

• Must be secured through lease, purchase, or other means
• What is a sufficient amount of physical space depends on the nature of the business

3. A new office must be active and operating within one year after the L-1’s admission to the U. S. if requesting an extension of stay

• If the business is a new one opening in the U.S., there is a one year period that is given for the business to be open and running
• Generally, what consists of an “active and operating” business is,
  • The hiring of staff
  • Satisfying contract orders
  • Having an income
  • Holding inventory

4. After one year the new office must support a managerial or executive position if you are requesting an extension of stay in the L-1A classification

• once the one year period is up, the new office must be able to support the manager, executive, or person with specialized knowledge
  • They must be working in their roles and focus on being a manager or executive

If you require further information or assistance regarding the L-1 Visa, at Akrami & Associates, our experienced legal representatives will be glad to assist you. Call us today to find out how we can help.

L-1 is a nonimmigrant classification issued by USCIS to intra-company transferees, i.e., those who come to the United States to continue to work for the same company (employer) or its affiliate/subsidiary/branch, or a company that has a qualifying relationship. Such qualifying relationship must continue during the whole period of transfer. That is, the transferring company overseas must continue to do business overseas during the entire period of the beneficiarys stay in the U.S. as L-1 transferee.

L-1A category is available for those in managerial/executive capacity and L-1B is for those who would be employed in specialized knowledge capacity.

If the petition is for L1B status, prospective employment in the U.S. must involve the use of specialized knowledge. "Specialized knowledge" is defined as the individuals special knowledge about 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 organizations processes and procedures.

The prospective L-1 employee must have been employed abroad with an affiliate, parent, branch, or subsidiary of the petitioning U.S. company for a continuous period of one year within the three years prior to filing the petition or entry into the U.S. This period of employment abroad must have been in either managerial/executive or specialized knowledge capacity.

Applying for L1 visa are very tough because of U.S immigration department approval of application has been down compare to recent years. As economy get more difficult by the time L1 visa will be more likely becomes more tough to obtain and that is only if economy.

For additional information you can contact our immigration expert at Akrami and Associates, they can help you advise on the matter of L1 visa.