Immigration Attorneys Specializing in L-1 Visa

The L 1A visa is for employees who have been working for the foreign entity in a managerial or executive capacity for at least one continuous year within the three years preceding the petition. A manager must supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function of the organization. An executive must direct the management of the organization or a major component, establish goals and policies, and exercise wide latitude in discretionary decision making. The definitions are the same as those used for EB 1C multinational manager or executive green card petitions, which creates a potential pathway to permanent residence. L 1A status is granted in three year increments for an existing U.S. office, or one year for a new office, up to a maximum of seven years.

The L 1B visa is for employees with specialized knowledge, which USCIS defines as special knowledge of the company's product, service, research, equipment, techniques, management, or procedures, or advanced knowledge of the organization's processes and procedures. The employee must have been employed by the foreign entity for at least one continuous year within the three years preceding the petition. L 1B adjudications have become increasingly restrictive, with USCIS scrutinizing whether the claimed knowledge is truly specialized rather than general industry knowledge. An attorney helps document the specific knowledge the employee possesses, why it is not readily available in the U.S. labor market, and how it differs from general skills in the field. L 1B status is granted for up to five years total.

The L 1 requires a qualifying relationship between the foreign and U.S. entities: parent, subsidiary, branch, or affiliate. USCIS examines ownership, control, and organizational structure to verify the relationship. A parent company must own a controlling interest in the subsidiary. Branches are operating divisions of the same organization. Affiliates are entities controlled by the same parent or individual. The U.S. entity must be doing business (actively providing goods or services) at the time of the petition and throughout the employee's stay. For new offices (operating less than one year), the petition must include a business plan showing how the U.S. office will support a managerial or executive position within one year.