12.05.2015 - 12:34

L-1A Manager or Executive Visa:

The L-1A Intracompany Transferee visa is issued for individuals who were employed for a minimum of one year during the past three years in a managerial or executive position in a foreign entity and who will be transferred to the U.S. branch, parent / subsidiary or affiliated entity in a managerial or executive position. This individual can also be transferred to the U.S. for supervising the opening of a branch, parent / subsidiary or affiliated entity in the U.S.

In order to be eligible to apply for an L-1A visa, the following conditions must be present:

  • The U.S. company must have a qualifying relationship with the foreign entity. Therefore, in order to meet this requirement, the U.S. company must be a branch, subsidiary or affiliate of the foreign entity. This qualifying relationship must be proven by obliging with strict ownership / control requirements such as one organization owning more than 50% of the affiliated organization or both organizations being controlled by the same person / organization.
  • The prospective L-1A visa applicant must have been employed by the foreign entity for a minimum of one continuous year prior to the L-1A visa application in a managerial or executive capacity. Please note that any time the L-1A visa applicant spent in the U.S. can not be counted towards the requirement for one continuous year of employment abroad.
  • The L-1A visa applicant must be transferred to the U.S. to perform services in an executive or managerial capacity. This requires that the applicant perform services such as managing an organization, department and / or function; supervising and controlling the work of others; having the authority to make personnel decisions; establishing policies and goals etc.

The L-1A visa is initially issued for a period of 2 years, and can be extended for a maximum period of 7 years. If the L-1A visa applicant is being transferred to the U.S. coming to the United States to supervise the opening of a branch, parent / subsidiary or affiliated entity in the U.S., the L-1A visa will initially be issued for one year. Please note that all time spent outside of the U.S. while in H or L status can be “recaptured” towards the end of the 6 year maximum stay. Additionally, prior periods spent in the U.S. in H and L visa status count towards the 7 year maximum stay and will be deducted, unless the prospective applicant has spent a minimum of 1 continuous year abroad.

Spouses are eligible to accompany the L-1A visa holder to the U.S. for the duration of the L-1A visa under a separate L-2 visa category. Under the L-2 visa category, spouses are eligible to apply for separate work authorization through USCIS, however, they do not have authorization to study in the U.S.

L-1B Specialized Knowledge Visa

The L-1B Intracompany Transferee visa is issued for individuals who were employed for a minimum of one year during the past three years in a position requiring specialized knowledge in a foreign entity and who will be transferred to the U.S. branch, parent / subsidiary or affiliated entity in a specialized knowledge position.

In order to be eligible to apply for an L-1B visa, the following conditions must be present:

  • The U.S. company must have a qualifying relationship with the foreign entity. Therefore, in order to meet this requirement, the U.S. company must be a branch, subsidiary or affiliate of the foreign entity. This qualifying relationship must be proven by obliging with strict ownership / control requirements such as one organization owning more than 50% of the affiliated organization or both organizations being controlled by the same person / organization.
  • The prospective L-1B visa applicant must have been employed by the foreign entity for a minimum of one continuous year prior to the L-1B visa application in a capacity of specialized knowledge. Please note that any time the L-1B visa applicant spent in the U.S. can not be counted towards the requirement for one continuous year of employment abroad.
  • The L-1B visa applicant must be transferred to the U.S. to perform services in an specialized knowledge capacity. This requires that the applicant possess a deep, specialized understanding and knowledge of the organization’s products and processes. Alternatively, the applicant must possess complex professional or technical expertise in addition to unique knowledge of the organization’s services, strategies and / or management.

The L-1B visa is initially issued for a period of 2 years, and can be extended for a maximum period of 5 years. Please note that all time spent outside of the U.S. while in H or L status can be “recaptured” towards the end of the 6 year maximum stay. Additionally, prior periods spent in the U.S. in H and L visa status count towards the 5 year maximum stay and will be deducted, unless the prospective applicant has spent a minimum of 1 continuous year abroad.

Spouses are eligible to accompany the L-1B visa holder to the U.S. for the duration of the L-1B visa under a separate L-2 visa category. Under the L-1 visa category, spouses are eligible to apply for separate work authorization through USCIS, however, they do not have authorization to study in the U.S.