justjlm.org – The L-1 visa is a non-immigrant visa that allows U.S. employers to transfer employees who have worked abroad for a parent, subsidiary, affiliate, or branch of the U.S. employer to a location in the United States. This visa is designed for intracompany transferees and is divided into two categories: L-1A for executives and managers, and L-1B for individuals with specialized knowledge.
L-1A Visa: Executives and Managers
The L-1A visa is intended for employees who have worked in an executive or managerial capacity for a qualifying organization outside the United States. To qualify for an L-1A visa, the employee must have been employed in a managerial or executive capacity for at least one continuous year in the three years immediately preceding the application.
Managerial Capacity
A manager is defined as someone who manages the operations and personnel of the organization or one of its departments or branches. This includes the supervision of other employees and the ability to make decisions regarding the day-to-day operations of the business. Managers can also manage an essential function of the organization at a high level without direct supervision of others.
Executive Capacity
Executives are those who have broad decision-making authority, typically without much oversight. They are involved in the overall direction and operation of the organization, managing its essential functions and making decisions that affect the entire organization1.
L-1B Visa: Specialized Knowledge
The L-1B visa is for employees who possess specialized knowledge that is not generally available in the U.S. workforce. Specialized knowledge is defined as knowledge that is highly advanced and specific to the company’s product, service, research, equipment, or other technical fields. This knowledge must be of such a degree that it is not generally known within the industry and is required for the employee’s position.
Examples of Specialized Knowledge
Specialized knowledge can include expertise in complex manufacturing processes, advanced technical skills, or in-depth knowledge of the company’s products, services, or research. It is important that the knowledge is not merely of a basic level but is highly specialized and unique to the company.
Application Process and Requirements
To apply for an L-1 visa, the U.S. employer must file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). The employer must also demonstrate that the company has a qualifying relationship with a foreign company and that the employee will be employed in a managerial, executive, or specialized knowledge capacity.
Qualifying Relationships
The relationship between the U.S. employer and the foreign company must be one of parent, subsidiary, branch, or affiliate. The foreign company must be doing business in the country where the employee is currently employed and in the United States.
Initial Stay and Extensions
L-1A visa holders are typically granted an initial stay of three years, with extensions available up to a maximum of seven years. L-1B visa holders are granted an initial stay of three years, with extensions available up to a maximum of five years.
Conclusion
The L-1 visa offers a pathway for employees of multinational companies to work temporarily in the United States. The specific roles that qualify for L-1 visas are those that involve managerial or executive functions for L-1A visas, and specialized knowledge for L-1B visas. Understanding the requirements and application process is crucial for successful L-1 visa applications.