L-1 Intracompany transfers
Overview
Your employee may be eligible for an L-1 visa for as an “intracompany transferee” if he/she is an executive, manager, or a worker with specialized knowledge who has worked abroad for a qualifying organization (including an affiliate, parent, subsidiary or a foreign branch of your company) for at least one year within the 3 years preceding the filing of the L-1 petition. You must be seeking to transfer your employee to the United States to work in one of the capacities listed below.
L-1A Managerial/Executive Capacity
If the employer is seeking to transfer an employee to the U.S. to assume a managerial or executive position in the U.S. parent or branch of the company, the employer must prove that the employee (1) has worked for the overseas company in a managerial or executive capacity for at least one year within the last three years, and (2) will be coming to the U.S. to work in a managerial/executive capacity.
The INA's definition of "managerial capacity" and "executive capacity" may defer from your company's definitions, so it is important to check the employee's job descriptions against the definitions provided in the INA.
The INA provides that “Managerial Capacity” means an assignment in which the employee primarily "manages the organization, or a department, subdivision, function, or component or the organization; supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;" has the authority to hire and fire or recommend another employee which he/she supervises, as well as conduct other personnel actions (such as promotion and leave authorization); and
exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
Under the INA, “Executive Capacity” means an assignment in which the employee primarily "directs the management of the organization or a major component or function of the organization; establishes the goals and policies of the organization, component, or function; exercises wide latitude in discretionary decision-making; and receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization."
L-1B Employee with Specialized Knowledge
New Office L Petitions
The USCIS also requires specific information if the employer is filing an L petition for the employee to enter the U.S. to open a new office. The employer must show:
- The employer has secured sufficient physical premises to house the new office
- The employee has been employed in an managerial or executive capacity for 1 continuous year in the 3-year period preceding the filing of the petition
- The proposed employment involves executive or managerial authority over the new U.S. operation; and
- The intended US operation will support an executive or managerial position, within 1 year of approval. This can be shown by submitting physical and financial evidence showing that the U.S. entity is viable and has been set up for continued growth.
Blanket L Petitions
Large multinational companies may receive certification for a blanket L petition to transfer all their employees in L-1 status to the U.S. If approved, every L-1 employee would then file Form I-129S overseas whenever the employer requires them to come to the U.S. If your company constantly sends employees to the U.S. under the L-1 status, this option may be more effective for you as it cuts down the L-1 processing time dramatically, from months down to days or weeks. However, please note that this option does not guarantee the approval of individual L-1 petitions, the individual still must meet the same requirements as mentioned above.
In order to obtain a Blanket L Certification, the petitioner must meet the following three requirements:
- The company is engaged in commercial trade or services;
- The U.S. branch has been in business for at least one year; and
- The company has three or more domestic and foreign branches, subsidiaries, and affiliates;
As well as at least one of the following:
- Has obtained at least 10 L-1 approvals during the previous 12-month period;
- Has a combined annual sales of at least $25 million in the U.S. branch(es); or
- Has at least 1,000 employees in the U.S.
What We Can Do For You
- Determine whether the employee qualifies as a manager or executive under the INA or whether he/she qualifies as someone with specialized knowledge.
- Determine whether other requirements for a L-1A, L-1B, New Office L, or Blanket L Petition has been satisfied, including the parent/subsidiary requirement and the number of years the employee has been working for the company under said capacity.
- Complete and file Form I-129 with Premium Processing, if desired.
- Complete and file Form I-765 Application for Employment Authorization
- For Blanket L Petitions
- Obtain Blanket L Certification
- Complete and File I-129S for the employee(s)
- Obtain Blanket L Certification
- I-539 Application to Extend/Change Non-Immigrant Status.
- Petition for immigrant status through EB-1.