The L-1 visa is a temporary, nonimmigrant status that allows qualifying overseas companies to relocate qualifying foreign employees to their U.S. parents, branches, affiliates, or subsidiaries.
What, exactly, do we mean by “qualifying” in the preceding sentence? It depends on the type of L-1 visa you’re interested in.
There are two types of L-1 visas—the L-1A and the L-1B—each of which has different qualification requirements. The L-1A is specifically designed for company bigwigs like executives or upper-level management, while the L-1B is reserved for intra-company transfers of employees with “specialized knowledge.”
In this article, we’ll walk you through the requirements for L-1 employers and L-1A and L-1B employees.
General Requirements for the L-1 Petitioner: The Employer
In general, the qualifications for L-1 employers, whether L-1A or L-1B, are the same. To qualify for an L-1 visa application, the petitioning employer must:
-Qualifying relationships can take such forms as the petitioning company being a parent, branch office, subsidiary, or affiliate of the foreign business entity; these are collectively referred to as “qualifying entities” or “qualifying organizations.”
-Note that a business entity can be any of the following: corporations, nonprofits, and religious or charitable organizations.
-For more detailed information on qualifying entities, click here.
-While the business must be viable, there is no requirement that it be engaged in international trade.
-“Doing business” in this context is defined as the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. “Doing business” does not merely mean the presence of an agent or office of the qualifying organization in the United States and abroad.
Some of these employer requirements are relatively seamless to meet and do not require extensive documentation, especially if the employer is a well-established company. However, when a company is small or in its early stages, as the petitioning employer, it should be prepared to provide extensive documentation to establish its L-1 eligibility. We therefore strongly recommend that such companies seek the professional services of an experienced immigration attorney. To talk to one of our seasoned L-1 attorneys, click here.
L-1A Employee Requirements
The requirements for an L-1A beneficiary comprise the following:
-For more information on qualifying positions, visit our page on the topic here.
-According to federal law, “executive capacity” refers to the employee’s ability to make decisions with wide latitude and 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.
L-1B Employee Requirements
Unlike L-1A beneficiaries, prospective L-1B holders are not required to work as a high-level managers or executives. Instead, they must be recognized as having “specialized knowledge.”
U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum in 2015 that superseded previous guidance on adjudicating L-1B petitions. Particularly of note is the threshold the agency stipulates that a beneficiary must meet or surpass in terms of possessing “specialized knowledge.” Because section 214(c)(2)(B) of the Immigration and Nationality Act (INA) does not explicitly define specialized knowledge in the L-1B context, USCIS imbued the term with clearer meaning.
According to USCIS, beneficiaries seeking L-1B classification will be determined to have specialized knowledge if they have either “special” knowledge or “advanced” knowledge (or both). USCIS defines the two terms as follows:
To ascertain whether a prospective L-1B beneficiary possesses “specialized knowledge,” whether the knowledge is “special” or “advanced” (or both), petitioning employers should consider the following questions:
Answering one or more of these questions in the affirmative may be sufficient for demonstrating the L-1B standard of “specialized knowledge.” Once a petitioning employer is able to determine this, the sort of evidence it should include in its L-1B application can be any of the documentary evidence in the following non-exhaustive list:
After determining and compiling the requisite evidence to demonstrate that a prospective L-1B beneficiary possesses “specialized knowledge,” the petitioner must also ensure the alien satisfies the following additional criteria for L-1B eligibility:
-They are principally under the control and supervision of the unaffiliated employer, or
-Their placement at the unaffiliated worksite is “essentially an arrangement to provide labor for hire for the unaffiliated employer,” rather than placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary.
Establishing a new office in the U.S.? There are more requirements for you.
One of the benefits of the L-1 program is that it gives companies the opportunity to relocate employees to the United States to expand their business and open up new offices. For foreign companies that want to send an L-1 employee to the United States for the purpose of establishing a new office, the following criteria must also be met:
For more information on the L-1 category, refer to the following links: