Large, multinational companies use the L-1 visa like a corporate teleportation device – the company snaps its fingers, and poof! employees are in the United States legally and ready to lead, manage and work.  But the L-1 isn’t just for the world of the Fortune 500s. 

The lesser known can take a page out of the conglomerate play book and use it for their smaller companies and starts ups too, because the L-1 visa is less of a job application and more of a professional migration strategy. 

It’s how companies, big and small say, “We’ve got talent, don’t mind if we bring it with us.”

What Is An L-1 Visa?

The L-1 visa is used by U.S. entities to bring executive, managerial and specialized knowledge personnel employed abroad at a related company to work in the United States.  With the use of the letters “A” and “B”, the visa classifies the three types of employees into two categories: L-1A for executives and managers; and L-1B for persons with specialized knowledge.

An executive employee is considered to primarily direct the management of an organization or a major component or function of it.  They are the people who establishes the company’s goals and policies, and exercises a wide latitude of discretion in their decision-making while receiving only general supervision or direction from higher level executives or the board of directors.

On the other hand, managers manage the organization, or a department, subdivision, function, or component of it.  These are the people who supervise and control the work of others.  Unless they manage professionals,[1] managers are more than first-line supervisors, overseeing other managers or supervisors, or they manage an essential function within the organization. 

A different kettle of fish altogether, persons with specialized knowledge have particular or often unique insights into a company’s product, service, research, equipment, techniques, or processes and procedures that is germane to the company and typically not found in the general marketplace.  Think trade secrets, like the people who know the secret 11 herbs and spices recipe in KFC chicken, or patented technology!  However, it doesn’t always have to be the case.

L-1 Eligibility

To be prevail on an L-1 filing, three things must be true: the company, employee, and the roles involved must each qualify in their own right.

The intracompany companies.

L-1 cases require the involvement of at least two companies – the U.S. entity and a company outside of the U.S.  The two have to be related to each other.  The relation can be a parent-child relationship, also known as a subsidiary of a parent company, or the other way around.  Or, two entities can be related by virtue of a common parent company, like siblings; this is called an affiliate relationship.  Or there can be an operating division or office of the same organization that is housed in a different location.  This is known as a branch. 

Additionally, the companies have to be doing business abroad and in the U.S.  If the related U.S. entity has been doing business for less than 1 year, there is what’s called new office L-1s.

The intracompany transferee.

The employee must be in a position of either an executive, manager, or person with specialized knowledge, as defined above, at the entity outside of the U.S. for at least one year within the three years prior to applying for the L-1. 

The intracompany transfer.

The role the employee will hold in the U.S. must be executive, managerial, or specialized knowledge in nature and it doesn’t necessarily have to be the same role as abroad.  For example, a person with specialized knowledge who functioned accordingly abroad can be transferred to hold a managerial role in the U.S.

Applying for an L-1

Employees who have climbed that corporate ladder and are ready to be teleported to the U.S. often ask how to get an L-1.  The starting place for an answer to that question is talking to management, because applying for an L-1 cannot happen without the U.S. company requiring the employee’s services and therefore making the investment to be the petitioner (or sponsor) of the case. 

Companies that employ a relatively medium to large number of employees will generally require a business need to support the transfer.  Although the same is true is for smaller companies and startups, the decision usually lies with those who own the company and are themselves seeking the transfer.

Once the decision has been made, the U.S. employer files the case with the USCIS.  With an approved L-1 petition, the employee applies for the L-1 visa at the U.S. embassy or consulate in their country of residence.  And voila! just like that the magical paperwork transforms an international employee into an intracompany transferee setting them on road to travel to the U.S.

Of course, for Canadians the process is even more magical because they can bypass USCIS and go straight to the border to have L-1 cases processed for initial filings and renewals for intermittent L-1 travelers.

Length of Stay

Executives and managers can hold L-1A status for a maximum total of 7 years while it is 5 years for persons with specialized knowledge in L-1B status.  Whether applying for a L-1A or L-1B, initial filings can be approved for no more than 3 years[2].  Renewals, thereafter, will be approved in 2-year increments, if requested, up to the maximum allowable time for the respective classification.

L-1 and The Green Card

There is a natural path for executives and managers in L-1A status to continue the grind onto a green card, which again requires the U.S. company to be the sponsor, with relatively the same eligibility requirements for all involved.

Persons with specialized knowledge, unfortunately, are not so lucky.  There is a path for L-1B holders to get a green card, its just not as seamless as it is for their corporate colleagues higher up the ladder.  It will be discussed in a separate blog post.

What About My Family Members?

L-1s are one of the few non-immigrant visas that allow spouses to work.  With unrestricted employment, they can work for any employer in the United States or even run their own business.  Children may study, attending either public or private schools.  

The L-1 visa is a golden ticket to keep the grind going stateside.  Whether you’re an executive, manager, or a person with specialized knowledge having skills so niche, it practically requires a patent, the L-1 says, “Pack your bags, you’re sidestepping the bureaucratic red tape and going to America – no lottery required!”  So, raise your glasses to intercompany transfers, clink to U.S. expansion and opportunity without the bureaucracy of having to prove an adverse effect on the U.S. labor market, and consult with us about making the transfer.

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice.  While efforts are made to ensure the content is accurate and up to date at the time of publication, laws and regulations may change, and the information may no longer be current.  You should consult a qualified legal professional for advice specific to your situation.

[1] In U.S. immigration, professionals are specifically defined as those with at least a bachelor’s degree.

[2] New office L-1s are initially granted for no more than 1 year.