L-1 Visa

The L-1A intra-company transferee classification applies to qualified executives and managers within multinational companies. These individuals can be transferred from their foreign employer to work for up to seven years in the United States for an appropriately affiliated U.S. company. The company must continue to operate as a multinational company for the duration of the employee’s L1A status.

Classification as executive or managerial is appropriate for employees who are primarily responsible for: directing management or managing an organization, department, subdivision, or component of the company. It is also possible to qualify by demonstrating that the employee has supervisory responsibilities over professional or managerial employees or manages an essential function within the organization. This classification is not appropriate for low level managers. There are NO annual limitations on the number of L1As that can be approved, and there are NO specific wage requirements for L1A employees.

The L-1B Specialized Knowledge Professional classification applies to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. These individuals can be transferred from their foreign employer to work for up to seven years in the United States for an appropriately affiliated U.S. company.

The company must continue to operate as a multinational company for the duration of the employee’s L1B status. Specialized knowledge professional means an individual who has specialized knowledge as defined above and is a member of the professions including but not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries.

Companies that process numerous employee transfers can file for blanket approval which will allow them to do so with one immigration petition and thereby avoid numerous distinct applications. In order to be eligible as a blanket petition employer, the petitioner must meet the following requirements:

1. All qualifying organizations withing the international structure of the petitioner must be engaged in commercial trade or services.
2. The petitioner must have an office in the United States that has been doing business for at least one year (no new-office situation).
3. The petitioner must have at least three domestic or foreign branches, subsidiaries, or affiliates.
4. Among all of qualifying organizations within the petitioner’s organization, one of the following must be present –
   • At least 10 L-1 apporvals in the past year for exuctives, managers or professionals with specialized knowledge, or
   • U.S. sales of at least $25 million, or
   • U.S. work force of at least 1,000 employees.

Unlike other types of visas for temporary workers, L-1A and L-1B visas do not require the petitioner to obtain a Labor Certification or Labor Condition Application from the U.S. Department of Labor. As a second benefit, certain companies that have had offices in the United States for at least one year may qualify for blanket L-1 visa approval, reducing the time required for processing individual applications as long as they meet one of the following criteria:

1. Have applied for and received at least 10 L-1 visas in the last year.
2. Have combined annual sales of $25 million in the United States.
3. Have at least 1,000 employees in the United States.

The L-1 visa program is not available to all employees. Only executives and managers (L-1A) or employees with unique knowledge of the employer’s products or operations (L-1B) can qualify. In this way, the L-1 program cannot be used to circumvent U.S. Department of Labor requirements for rank-and-file workers. U.S. immigration authorities specifically cracked down on L-1B visas in recent years, especially in relation to employers who subcontract L-1B workers to other companies in the United States.

To avoid this, U.S. immigration law nowadays stipulates that a third-party company cannot principally supervise L-1B workers. L-1 visa authorizations are initially valid for three years (one year if the employee is opening a new office), but they are renewable for increments of two years for a maximum of seven years for L-1A holders and five years for L-1B holders. Immediate family members may enter and live in the United States under L-2 visas. Spouses living in the United States under L-2 visas may apply for authorization to work in the United States during their stays.