The L-1 Visa in a Nutshell: Opening a New Office in the US or Transferring an Employee to the US
By Farid Masoud
Los Angeles, CA
Companies that wish to establish a new office in the US or send employees to a US-based office may benefit from the L-1 Intra-company Transferee visa. The L-1 visa category allows companies to transfer an executive, manager, or an employee with specialized knowledge from an associated foreign office to work at its US-based office or to open a new office in the US.
The L-1 classification is divided into two categories. The L-1A classification applies to executives and managers, while the L-1B category applies to employees with specialized knowledge of a company’s products, processes, or services. The general requirements for the employer are the same for both categories but differ with regard to the type of employee being petitioned for.
General requirements for an L-1 Employer
The L-1 employer must meet the following requirements:
The US employer must have a relationship with the foreign company providing the employee. The relationship can be that of a parent company, branch, subsidiary, or affiliate.
• The petitioning employer must presently or in the future conduct business in the US and at least one other country either directly or through its parent company, branch, subsidiary, or affiliate during the pendency of the employee’s work in the US.
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Requirements for L-1A employee
The L-1A employee must meet the following requirements:
The employee must have been working for the associated foreign company outside of the US continuously for one year within the last three years before the employee’s arrival in the US.
• The employee must provide services as an executive or manager to the US-based company. The employee’s role must be primarily related to serving as an executive or manager and not the day-to-day activities of running the business.
Requirements for L-1B employee
The L-1B employee must meet the following requirements:
• The employee must have been working for the associated foreign company outside of the US continuously for one year within the last three years before the employee’s arrival in the US.
• The employee must provide services as a specialized knowledge employee to the US-based company. A specialized knowledge employee is one who is skilled in a company’s products, processes, or services. For instance, an employee who developed a foreign company’s proprietary software program and whose skills are not readily available in the US, may be transferred to the US-based office as a specialized knowledge employee to implement the software program.
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Opening a new office in the US
A company that intends to open a new office in the US must also demonstrate it has acquired ample office space, the employee has been continuously working as an executive or manager for one year in the last three years prior to filing, and that the proposed new office will support the new position within one year of approval.
Family Members
Spouses and unmarried children under 21 years old may accompany the L-1 employee to the US. These family members are given L-2 status and are typically given the same period of stay as the principal L-1 worker.
Length of stay in the US
L-1A employees will be allowed to stay and work in the US for an initial period of up to three years, with extensions of stay granted for up to three years, with extensions of stay granted for up to two additional years at a time, for a maximum period of seven years. Executives and managers sent to the US to establish a new office will be granted an initial period of stay of up to one year, with possible extensions.
L-1B employees will be allowed to stay and work in the US for an initial period of up to three years, with extensions of stay granted for up to two additional years at a time, for a maximum period of five years. Specialized knowledge employees sent to the US to establish a new office will be granted an initial period of stay of up to one year.
(Farid Masoud previously served as an Assistant Chief Counsel for Immigration Customs Enforcement (ICE) and as an Immigration Officer with the United States Citizenship and Immigration Services (USCIS).Mr Masoud is currently a partner at VisaZip LLP (www.visazip.com), an immigration law firm that serves individuals and businesses throughout the US and globally)
Please note: This article is for general information purposes and should not be construed as legal advice, nor does it create an attorney-client relationship. Please contact an experienced immigration attorney for your specific immigration issue.
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