L1 Visa Attorney NY

The L-1A classification is designated for professionals moving into managerial or executive capacities in the U.S. To qualify, the employee must have held a similar role abroad for at least one continuous year in the three years prior to filing. The U.S. position must genuinely involve high-level decision-making or the management of professional staff. This L-1A path is particularly favorable as it offers a streamlined route to permanent residency via the EB-1C Green Card.

The L-1B classification is reserved for employees possessing specialized knowledge that is proprietary to the petitioning organization. This knowledge must be unique to the company’s products, services, processes, or an advanced level of its procedures and not generally available in the U.S. job market. The transferee must meet the one-year continuous employment requirement abroad, making precise articulation of this specific expertise the central challenge for the L-1B petition.

A clear "qualifying relationship" must be established between the foreign company and the U.S. company, typically defined as a parent, subsidiary, affiliate, or branch relationship. This requires comprehensive evidence like stock certificates, articles of incorporation, and tax documents to clearly show common ownership and control. Proving this foundational degree of control across the multinational structure is a key element of the L-1 submission.

Foreign companies expanding to a new U.S. office can utilize the L-1 "New Office" petition, though initial approval is limited to one year. The application requires a detailed business plan with financial projections and an organizational chart for the U.S. entity. Essential evidence must confirm secured physical premises and the company's ability to support the executive or managerial role within that first year of operation.

The required supporting documentation is substantial and categorized into three critical types:

• Corporate: Articles, bylaws, organizational charts, and evidence establishing the qualifying parent/subsidiary relationship.
• Employee: Detailed letters verifying one year of foreign employment and a comprehensive description of the proposed U.S. role.
• Financial: Tax returns, audited statements, and a comprehensive business plan with financial projections for new offices.

Requests for Evidence (RFEs) are a common challenge, signaling USCIS needs additional clarification or proof before making a final decision. Common RFE triggers include insufficient evidence of L-1A managerial or executive capacity, or a failure to demonstrate that L-1B specialized knowledge is genuinely proprietary. Responding effectively requires a highly detailed, strategic submission that specifically addresses all concerns raised by the agency with compelling evidence.

Initial L-1 approval is typically granted for three years, with a one-year limit for new offices. Maximum allowable stays are strictly enforced: a total of seven years for L-1A executives and five years for L-1B specialized knowledge employees. Extensions are generally filed in two-year increments, but the company must continually prove the U.S. entity is operating successfully and remains a qualifying organization.

A significant benefit of the L-1A visa is the relatively seamless transition to the EB-1C Multinational Executive and Manager Immigrant Visa, which leads to permanent residency. EB-1C criteria closely match L-1A, requiring the employee to have worked in the U.S. as an executive or manager for the sponsoring company for at least one year. This pathway is highly favorable as it often bypasses the lengthy labor certification (PERM) process required by other employment-based Green Card options.