L1 Visa Lawyer

The L-1A category is designated for transferees who have served in an executive or managerial capacity abroad and will assume a similar high-level role in the U.S.

• Executive Capacity: The employee primarily directs the management of the organization or a major component, setting goals and policies with substantial discretionary authority.
• Managerial Capacity: The employee primarily manages the organization, department, or an essential function, often supervising professionals or other managers.
• Duration and Advantage: Initial approval is typically for up to three years, with a maximum stay of seven years. This category also offers a direct path to the EB-1C Green Card classification.

The L-1B category is for employees possessing specialized knowledge—proprietary or advanced knowledge critical to the organization's U.S. operations, products, services, research, or techniques.

• Knowledge Standard: The knowledge must be unique and not readily available in the U.S. labor market, providing a distinct competitive advantage to the company.
• Scrutiny: Petitions in this category face high scrutiny, requiring clear documentation proving the proprietary nature and critical application of the knowledge to the U.S. entity's mission.
• Duration: Initial approval is for up to three years, with a maximum stay of five years.

To establish eligibility, the foreign entity and the U.S. entity must demonstrate a specific qualifying relationship: parent, subsidiary, affiliate, or branch office.

• Control and Ownership: The relationship typically relies on evidence of stock ownership, shared control, or common ownership (e.g., one entity owning more than 50% of the other).
• Active Business: Both the foreign and U.S. entities must be "doing business"—actively providing goods or services—not merely maintaining a passive investment or office.
• Prior Service: The employee must have worked for the foreign company for at least one continuous year in the preceding three years in a qualifying role (executive, manager, or specialized knowledge).

When the U.S. office has been operating for less than one year, it is classified as a "new office" and must satisfy additional requirements to prove viability.

• A detailed business plan must be submitted, outlining projected staffing levels, financial growth, and market strategy.
• Proof of securing physical office space (e.g., a lease agreement) is mandatory.
• The initial L-1 approval for a new office is limited to only one year, during which the company must demonstrate sufficient growth to support the employee's L-1 role for subsequent extension.

RFEs are common in L-1 cases, often questioning the capacity (executive/managerial duties) or the specialized knowledge standard. A strategic response is necessary.

The L-1 visa is a temporary visa, but it can serve as a valuable stepping stone to a Green Card for key employees.

• L-1A to EB-1C: L-1A holders are often eligible for the EB-1C Multinational Executive/Manager immigrant category, which is desirable because it bypasses the lengthy PERM labor certification process.
• Dependent Status: The spouse of an L-1 visa holder (L-2 status) is eligible to apply for an Employment Authorization Document (EAD) to work in the U.S.

Compliance extends beyond initial approval and involves monitoring changes that may impact the visa status.

• Material Changes: Any significant change in the organizational structure of the U.S. entity, or a shift in the L-1 employee’s core duties, may require filing an amended L-1 petition with USCIS.
• Extension Timing: L-1 extensions, particularly for New Offices (after the first year) or for employees nearing the 5/7 year maximum limits, require substantial, updated evidence to prove the continued qualifying nature of the U.S. operation and the role.
• Record-Keeping: Maintaining meticulous records of employee duties, corporate structure, and financial viability throughout the L-1 period is critical for future extensions and the eventual transition to permanent residency.