L-1 Work Visas for Multinational Managers, Executives & Specialized Knowledge Workers
Managers or executives of a foreign company who transfer to a subsidiary, parent, branch, or affiliate in the U.S. to continue serving in a managerial or executive capacity may qualify for L-1A status. Essential workers who possess specialized knowledge that is key to the company's success may also transfer to the U.S. in L-1B status.
L-1 Companies
The first step is to establish a qualifying relationship between the foreign and
U.S. entities. The actual form of the entities is not a determining factor, so
long as both the foreign and U.S. entities:
- are related as parent, branch, affiliate, or subsidiary; and
- will be conducting business in the U.S. and the foreign country for as long as
the individual remains in transferee status
Ownership, as shown through fund transfers and stock purchases, is critical for
establishing the qualifying relationship. If the U.S. entity is a new office,
the employer must prove it has secured sufficient physical premises and that the
new business will be operational within one year at such a level that will
support an executive or managerial position. Mr. Mantle works with investors and
employers to fully document the investment and business plan at this early stage
in the process.
Companies that grow to three or more U.S. branches may qualify for a Blanket L
Approval if certain conditions are met, thereby allowing individual applicants
to apply directly at the consulate abroad instead of waiting for individual
petition approvals from USCIS.
L-1 Employees
The petitioning employer must demonstrate that the transferee qualifies as a
manager or executive, based on narrow definitions set forth in USCIS
regulations. In essence, the transferee must have been employed abroad
continuously for at least one year within the last three years by the qualified
foreign entity in a managerial, executive, or specialized knowledge capacity and
will work for the qualified U.S. entity in a managerial, executive, or
specialized knowledge capacity.
Managerial Capacity
The employee must
primarily:
- manage the organization, department, subdivision, function, or component of the
organization;
- supervise and control the work of other supervisory, professional, or managerial
employees, or manages an essential function within the organization;
- have authority over personnel actions for supervised employees, or functions at
a senior level within the organizational hierarchy with respect to the managed
function; and
- exercise discretion over the day-to-day operations fo the activity or function
being managed.
Executive Capacity
The employee must
primarily:
- direct the management of the organization or a major component or function of
the organization;
- establish goals and polices of the organization, component, or function;
- exercise wide latitude in discretionary decision-making; and
- receive only general supervision or direction from higher-level executives or
directors.
Specialized Knowledge
An employee claiming specialized knowledge must demonstrate the knowledge is of the organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.
Unlike managers and executives, individuals in the specialized knowledge category that do not qualify as managers or executives are granted L-1B status for up to 5 years and will require an approved PERM labor certification in order to apply for permanent residence.
Other regulations restrict the placement of L-1B workers at client sites without direct supervision from the petitioning L company. USCIS is aggresively reviewing this area of law and has been relying on an extremely narrow reading of the definitions to deny more and more of these petitions.
Employers are encouraged to seek competent legal advice before submitting an L-1B petition.
How do I file?
Only the employer is eligible to file a petition for a work visa. General
instructions are included with the I-129 petition, and USCIS posts updates and
fees on its web site. The I-129 petition is a legal case and mistakes or
misrepresentations can jeopardize your chances of ever coming to the United
States. You should carefully review the eligibility requirements, then talk with
an immigration
lawyer about the specific circumstances of your case. D.Ray Mantle assists
clients by making sure the petition is complete and includes all of the
necessary evidence to support your eligibility.
What happens after I file?
After your petition is filed, USCIS will mail an official receipt to the
employer so you can track the processing of your case. If your petition is
incomplete, USCIS may have to reject it, or ask you for more evidence or
information, which will delay processing. Working with an
experienced
immigration attorney from the beginning will help you avoid errors and
delays.
Normally, when USCIS approves the petition, notice will be sent to the U.S.
Embassy closest to the foreign nationals foreignn address, where they can
schedule a visa interview. If the beneficiary is already in the United States in
a different visa status, their status may be changed at the same time the
petition is approved. Even if your status is changed in the United States, you
will need to obtain a new visa if you ever depart the United States for travel.
How long will it take USCIS to process my petition?
Processing time depends on a number of factors,
but in most cases USCIS attempts to process L-1 petitions within 2-3 months. You can check USCIS current
processing times on our web site. USCIS offers Premium Processing Services for
many work visa categories. With payment of the additional Premium Processing
fee, USCIS will provide a response within 15 days.
Help with L-1 Work Visas
D.Ray Mantle assists essential employees, executives and managers in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and ensures that your final applications meet all government requirements.
If you would like to understand more about the application process and to find out if you qualify
for an L-1 visa, please contact D.Ray Mantle for a consultation.