L Visa
The L classification is for intra-company transferees. An intra-company transferee is a foreign national who, within 3 years preceding the time of his/her application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his/her services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge.
The L foreign national worker may have an L-1A visa or an L-1B visa.
L-1A visa is for workers in managerial or executive capacity. The maximum period of stay under this status is 7 years.
L-1B visa is for specialized knowledge workers. The maximum period of stay under this status is 5 years.
The L workers may bring their spouses and minor children. These derivative beneficiaries may obtain work authorization.
Managerial capacity means an assignment within an organization in which the employee primarily:
- Manages the organization, or a department, subdivision, function, or component of the organization;
- Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
- Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- xercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professionals.
Executive capacity means an assignment within an organization in which the employee primarily:
- Directs the management of the organization or a major component or function of the organization; establishes the goals and policies of the organization, component, or function; exercises wide latitude in discretionary decision-making; and
- receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Specialized knowledge means special knowledge possessed by an individual 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 or expertise in the organization's processes and procedures.
The employer has to prove that the organization is a qualifying organization.
Qualifying organization means a United States or foreign firm, corporation, or other legal entity which:
- Meets exactly one of the qualifying relationships specified in the definitions of a parent, branch, affiliate or subsidiary;
- Is or will be doing business (engaging in international trade is not required) 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 intra-company transferee; and
- Otherwise meets the requirements of the definition of an intra-company transferee.
L Blanket petitions--
A petitioner which meets the following requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations if:
- The petitioner and each of those entities are engaged in commercial trade or services;
- The petitioner has an office in the United States that has been doing business for one year or more;
- The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and
- The petitioner and the other qualifying organizations have obtained approval of petitions for at least ten "L" managers, executives, or specialized knowledge professionals during the previous 12 months; or have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or have a United States work force of at least 1,000 employees.
At the Law Offices of Hugo C. Castro we may help you or your foreign national transferees to obtain an L visa.
We have the knowledge, experience, resources and capabilities to provide you with a strong legal representation.