L-1A Intracompany Transferee Executive or Manager Visa
The L-1A nonimmigrant visa serves two purposes. First, it allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. Second, it allows a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
To qualify for L-1 classification in this category, the employer must:
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.
While the business must be viable, there is no requirement that it be engaged in international trade. Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
Additionally, the named employee must also:
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:
The employer has secured sufficient physical premises to house the new office;
The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
PERIOD OF STAY
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.
FAMILY OF L-1 WORKERS
The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.
WORK AUTHORIZATION FOR SPOUSE
Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization with fee. If approved, there is no specific restriction as to where the L-2 spouse may work.
Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition. Eligibility for blanket L certification may be established if:
The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
The petitioner has an office in the United States which has been doing business for one year or more;
The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
The petitioner along with the other qualifying organizations meet one of the following criteria:
Have obtained at least 10 L-1 approvals during the previous 12-month period;
Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
Have a U.S. work force of at least 1,000 employees.
The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS. In most cases, once the blanket petition has been approved, the employer need only complete Form, I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send it to the employee along with a copy of the blanket petition's Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa.
L-1A签证 - 跨国公司管理层
L-1B签证 - 跨国公司专业技术人员
L-1B签证是为跨国公司将具有专业知识的人员送到美国运用特殊知识对公司的运营进行指导而设计的。对于什么是专业知识（Specialized knowledge）移民法上没有明确的规定，因此，L1-B申请常常收到移民局的提交证据要求（Request for Evidence）。 在实际操作中，我们建议L1-B的申请人咨询专业的移民律师以更好的准备相关的证明。
L-1跨国公司集体调职签证 (L-1 Blanket Petition Program) 用于满足移民局条件的大型跨国公司可以通过一次申请将一定数量的管理层雇员和拥有特殊知识的专业人员送到美国的公司工作。
CALL US NOW!
Experienced Immigration lawyers serving East Coast for more than twenty years