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Posted
Dec 12, 2005 | updated Nov 05, 2007
The following questions and answers are based on those frequently posed to
the attorneys at the Murthy Law Firm. As a
courtesy to our clients and the immigrant community, we generously share
this useful information.
Question 1.
What is an L-1 Visa?
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The L-1 visa is for
an intra-company transferee. That is a person who worked for a company
abroad in an
executive, managerial, or "specialized- knowledge"
capacity (USCIS has specific definitions for each of these terms) for at least
one continuous year within the three years prior to coming to the U.S. and is coming
to the U.S. to work for a related (parent, subsidiary, affiliate,
or
branch)
company in one of those three types of positions. The maximum stay is seven years
for managers and executives and
five years
for specialized-knowledge employees. Any period of time in
the
U.S.
in H1B
status
is usually counted against
these L-1 limits and vice versa.
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Question 2. What
is the difference between the L1A visa and the L1B visa?
TOP
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L1A
is reserved for managerial or executive L-1s, while L1B is reserved for "specialized-
knowledge" L-1s.
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Managers actively manage the organization, or a part thereof, or they manage
a "function." Managers either oversee the work of other
supervisors, managers, or professionals, OR they manage essential functions
of the organization. They have discretion over day-to-day operations.
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Executives are responsible for directing the management of the organization
or of a major component or function. They set policies and goals and have
broad latitude to make important business decisions. They operate with only
minimal supervision.
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Specialized-knowledge employees have a detailed understanding of the
company's products / services and the international markets for those
products / services, OR they have advanced knowledge of company processes
and procedures. It must be knowledge that can be obtained only through
experience with that employer, such as experience with proprietary software
or methodologies unique to the company, which is also important to the competitiveness
of the company.
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Question 3.
I am on an L-1 visa and my wife is on
an
L-2 (dependent) visa. Can she get a work
permit based on her L-2 status?
TOP
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The law changed in January 2002, enabling L-2 spouses to obtain work
authorization. A person in
L-2 status
may
apply for an Employment Authorization Document (EAD) from a USCIS Service
Center.
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See our March 8, 2002 article,
Guidance
on E and L Spousal Employment Authorization
for
more information.
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Question 4. What
is a Blanket L-1? TOP
The Blanket L-1 is a procedure whereby a very large company can pre-qualify
to transfer L-1 employees. Once the Blanket L-1 is approved, the company has
the flexibility to transfer people to the U.S. quickly and on short notice
without having to file a petition with INS. Instead, a special form is
submitted to the U.S. consulate abroad to grant the individual an L-1 visa
to enter.
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The basic employer requirements for the Blanket L-1 are :
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1) U.S. office for at least one
year,
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2) Three or more branches, subsidiaries,
or affiliates,
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3) One of the following: (a)
U.S. annual sales of $25 million, (b)
U.S. workforce of 1000, or (c) at least
10 L-1 petition approvals in the past year.
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The employee requirements are the same as for other L-1s except that
specialized-knowledge workers must be professionals to use the blanket
admission procedure.
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For more information on the Blanket L-1, see the April 12, 2002
Overview:
Blanket L-1 Petitions.
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Question 5. I
have an L-1. If my company applies for my green card, do I need a Labor
Certification?
TOP
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That depends upon whether you have an L1A or an L1B. An individual on L1A
(or one who is on L1B whose position abroad was managerial or executive in
nature and is now being offered a managerial or executive position), is
likely to qualify for a special green card category known as the
EB1
Multinational Executive or Manager. This category, as with other
types of EB1s, does not require a Labor Certification. Most L1Bs (i.e. with
the limited exception mentioned above) do require the Labor Certification.
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Question 6. I have an IT consulting company and many of the employees at our
affiliate abroad were not chosen in the H1B lottery last year to work for
our company in the U.S. Could they come as L1Bs?
TOP
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Firstly, they would be subject to all the same requirements discussed above
for the L1B, including the ability to demonstrate that they posses the
requisite specialized knowledge gained from their experience with the
company's operations abroad. Furthermore, if a U.S. company intends to place
its L1B workers off-site with a client, it must demonstrate that it will
retain ultimate authority over the control and supervision of the employee
while placed at a client site, and must further demonstrate how the
employee's specialized knowledge relates to, and will be used, while
performing her/his job duties off site.
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