L-1A visas permit an intracompany executive or manager to work in the United States in the same capacity. Although the company might not currently have an office in the United States, the L-1A would permit the executive or manager to establish one here. The L-1B is similar to the L-1A in that it, too, permits intracompany transferees to work in the United States; however, it is reserved for professional employees with specialized proprietary knowledge about the company. It, too, would allow the transferee to establish an office in the United States. Our Sacramento immigration lawyers have assisted companies in transferring transferees under the L-1 category and are prepared to assist you. Although our immigration laws are difficult to understand and applying may be challenging, our Sacramento law firm is well suited to prepare your L-1A or L-1B petition.
What are the requirements for an L-1 Employer?
The petitioner L-1 employer must demonstrate that the US company and foreign company have a qualifying relationship – parent-subsidiary, branch, or affiliate. It must also show that the company does or will do business in the United States and in at least one other country.
What are the requirements for an L-1A Intracompany Executive or Manager Transferee?
The intending executive or manager must demonstrate that (s)he:
- Worked abroad for the overseas company for one continuous year within the three years preceding her admission to the US;
- Was employed abroad in an executive or managerial capacity;
- Seeks to work in an executive or managerial capacity in the US;
- Qualifies to work in the executive or managerial capacity based on her education and experience; and,
- Intends to depart the US upon completion of her permitted stay.
What are the requirements for an L-1B Intracompany Transferee with Specialized Knowledge?
The intending transferee with specialized knowledge must demonstrate that (s)he:
- Worked abroad for the overseas company for one continuous year within the three years preceding her admission to the US;
- Has specialized knowledge;
- Seeks to enter the US to provide services in the capacity as one with specialized knowledge to a qualified employer; and,
- Intends to depart the US upon completion of her permitted stay.
What are some benefits of obtaining an L-1A or L-1B visa?
The L-1 permits the L-1 holder to stay in the US for a lengthy period; a maximum of 7 years for the L-1A and 5 years for the L-1B, provided they are successfully able to obtain an extension or extensions. Further, the L-1 is a “dual intent” visa, so it permits the employee to apply for a Green Card if a qualified employer or family member petitions for the L-1 holder. Further, as discussed below, the employer of an L-1A visa holder or other qualified employer could possibly apply petition the L-1A to become a green card holder under the EB-1C category.
I am in the US under the L-1A Intracompany Transferee Executive or Manager status, so can my employer apply for the EB-1C Multinational Executives and Managers on my behalf?
It depends on your circumstances, but transitioning from the L-1A to the EB-1C is natural. The requirements for the L-1A and EB-1C and significantly similar and make the transition ideal for those seeking to obtain permanent residency here. However, having an L-1A is not a requirement to obtain an EB-1C and does not guarantee a successful EB-1C.
Our team of Sacramento immigration attorneys invite you to discuss your L-1 Intracompany Transferee Executive, Manager or with Specialized Knowledge petition. Although preparing an L-1 petition may be difficult, our Sacramento immigration lawyers are well equipped to prepare and organize these petitions on your behalf.
Please do not hesitate to contact our Sacramento immigration attorneys at Kyung Immigration Law Office, A Professional Law Corporation to discuss your L-1A Intracompany Transferee Executive or Manager, or L-1B Intracompany Transferee with Specialized Knowledge questions.
USCIS L-1 Visa Guide: http://www.uscis.gov/eir/visa-guide/l-1-intracompany-transferee/l-1-visa
USCIS L-1A Visa: http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
USCIS L-1B Visa: http://www.uscis.gov/working-united-states/temporary-workers/l-1b-intracompany-transferee-specialized-knowledge