L-1 Visa: Nonimmigrant Managers, Executives, and “Specialized Knowledge” Workers
Contents
Companies that operate globally often require a physical presence in various countries, necessitating the need for staff from diverse backgrounds. This ensures that their employees understand the principles, objectives, and day-to-day operations of the company. Companies transfer their employees for training and work-related purposes, and the L-1 visa category is a great facilitator for this. The L-1 visa category is for temporary nonimmigrant foreign employees of companies with offices in the U.S. and abroad. The beneficiary of the L-1 application must have worked for at least one year in the three years preceding the application. The two classifications of L-1 visas are L-1A and L-1B, for intra-company transfers. L-1A is for executives or managers, and L-1B is for specialized knowledge. The U.S. company and foreign company where the employee is transferring from must have a relationship, such as a parent-subsidiary relationship. USCIS has a special application process for large multinational organizations that frequently use the L-1 category. An approved company can obtain approval from USCIS only once to transfer multiple managerial, executive, and professional employees. L-1 holders can divide work between the U.S. and their home countries, allowing them to be principally employed outside the U.S. but still be an L-1 holder.
What is the L-1 visa program and who is it for?
The L-1 visa program is a temporary nonimmigrant status for foreign employees of companies with offices in the US and abroad. It allows qualifying employees to be transferred to the US for work-related purposes such as training, and to ensure uniformity of products and services across different markets. The L-1 visa is best suited for larger multinational companies that wish to bring executives, managers, or employees with specialized knowledge from a foreign branch to their US branches. The program has two classifications: L-1A for executive and managerial transferees and L-1B for professional employees with specialized knowledge of a company or industry. The L-1 program allows companies to relocate employees to the US more quickly and efficiently, without the need to file multiple petitions, through the use of an L-1 “blanket petition” for large multinational organizations. L-1 holders do not need to stay in the US to maintain their status and can divide their work between the US and their home countries.
Additional Aspects of the L-1
Changing employers
L-1 visa holders may change employers while in the United States. However, their new employer must file an L-1 petition on their behalf, and the employee must continue to work in an executive, managerial, or specialized knowledge capacity.
Spouses and children
Spouses and unmarried children under the age of 21 may accompany L-1 visa holders to the United States. Spouses may apply for employment authorization in order to work in the United States, but children may not.
Dual intent
L-1 visa holders are allowed to have dual intent, meaning they can simultaneously hold the intention of immigrating to the United States while also fulfilling the requirements of their nonimmigrant L-1 visa status.
Conclusion
The L-1 visa program is a valuable tool for multinational companies seeking to relocate key personnel to the United States. With its two classifications, the L-1A and L-1B, and the option for blanket petitions for large organizations, the L-1 program allows companies to transfer employees with specialized knowledge, executives, and managers with relative ease. While the process of applying for an L-1 visa can be complex, the rewards of moving employees to the United States for training and other work-related purposes can be substantial, benefiting the company and its employees alike.
For more information on the L-1 category, refer to the following links: