1. The Overview of L1 Visa

The U.S. Congress created the L1 nonimmigrant visa category in 1970, primarily to assist multinational companies that experienced difficulties in bringing to the United States critical personnel temporarily from abroad. To be eligible for an L1 visa, a foreign national normally must have been employed by the foreign company continuously for at least one year during the preceding three years in a managerial or executive position, or in a position where the individual gained specialized knowledge.  

The individual must be coming to the United States to provide services to the same employer or a branch office, subsidiary or affiliate. For this reason, L1 visa holders are known as intracompany transferees. Executives and managers enter the United States on an L1A visa. Employees with specialized knowledge enter the United States on an L1B visa. 

To qualify for specialized knowledge, the employee must possess special knowledge 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 in the organization’s processes and procedures.

Since the L1 program’s creation, U.S. Congress has consistently responded to the needs of the business community by facilitating the process by which multinational companies import key personnel through the L1 visa. Originally, the L1 beneficiary had to have worked for the company abroad during the year immediately before filing the L1 petition. A later amendment broadened the qualifying period to one year during the prior three year, thus permitting a former employee to rejoin the multinational company in the United States.

A “blanket” L petition allows employers to have a petition on file that certifies that the organization meets the requirements of the blanket L visa program.

2. The L1 Visa Is a Temporary Professional Work Visa

For years, the L1 visa has been a vital tool for both U.S. companies with an international presence, and international firms expanding into the U.S. Although not a heavily utilized visa, the L1 visa has done much to foster foreign investment in U.S. Many foreign companies use L1 visa program to build U.S. factories, open offices, and hire significant number of U.S. workers. In fact, L1 visa is the principal immigration vehicle U.S. companies use to bring in qualified personnel temporarily from their operations abroad, to serve as managers or executives, or to apply certain specialized knowledge.

An L1 visa allows foreign nationals working abroad for a multinational company to be transferred to work in the United States. The L1 work visas are designed for people transferring from a company abroad to work in the United States for a related company. Unless U.S. and foreign companies are able to bring key personnel to their American operations, U.S. companies will be put at a competitive disadvantage, and foreign companies will be unlikely to establish or expand their presence in U.S.

This visa category requires that the employee holds an executive or managerial position, or has specialized knowledge about company products or processes. The L1 visas are a popular option for multinational firms. The L1 visa is a temporary professional work visa:

• It is valid for up to seven years for managers and executives (L1A);

• It is valid for up to five years for specialized knowledge employees (L1B), and

• L1 dependents (spouses and children) receive L2 status. L2 spouses may obtain authorization to work in the United States in any type of employment.

3. About the Company Filing the L1 Petition

The company filing the petition must be doing business as an employer in the United States, and in at least one other country directly or through a parent, branch, affiliate or subsidiary for the duration of the alien's stay in the United States as an intracompany transferee. 

Doing business means the regular, systematic and continuous provision of goods or services by a qualifying organization, and does not include the mere presence of an agent or office in the United States and abroad. Further, both the U.S. and foreign company must be active.

Affiliate means one of two subsidiaries both of which are owned and controlled by the same parent or individual, or 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.  

An alien who has been employed abroad continuously for one year by a corporation, or other legal entity or parent, branch, affiliate or subsidiary may be admitted temporarily into the United States, in a capacity that is managerial, executive or involves specialized knowledge. Executives and managers who qualify for L1A status may also qualify for permanent residence under the employment-based first preference immigrant category. 

 

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