L-1 VISAS – INTRACOMPANY TRANSFERS

• Procedure
• L-1 Visa Issues and conditions
• Blanket Petitions
• Permanent Residence
• Recent Changes to the L-1 Visa Program

The L-1 visa nonimmigrant classification that allows multinational corporations to transfer their executives, managers and specialized knowledge professionals to provide services in a similar capacity to a related business entity in the US . The foreign worker is also permitted to come to the US temporarily to open or to be employed in a new office, but special regulatory provisions apply.

To qualify for an intracompany transfer, the law requires that:

• The alien works for a company with a parent, subsidiary, branch or affiliate of a US company; Evidence of the US company and the foreign employer's relationship must be submitted in the visa petition;
• The alien has worked abroad for six months within the preceding three years, if the employer has filed a blanket petition and has met the requirements for expedited processing of aliens covered under such petition (INA section 101(a)(15)(L)).
• The alien must meet the legal definitions of "executives", "managers" and "specialized knowledge professionals".

Procedure

Minimum wage requirements are not prescribed, but the US income must be sufficient to prevent the alien from becoming a public charge. Either the US employer or the foreign entity (with legal business in the US ) may file the I-129 petition with the L supplement to the USCIS, and with the supporting documentation and filing fees. Individual petitions may be granted for up to three years, with a possible two years extension for all L employees and a two-year extension beyond that for managers and executives.

L-1 visa issues and conditions

• The authorized periods of stay on this category are seven years for managers and executives and five years for specialized knowledge employees.
• As of January 16, 2002 spouses of L nonimmigrant visa holders are allowed to work in the U.S. The spouse must submit Form I-765 to one of the four USCIS Service Centers with jurisdiction over his or her place of residence. Designation for the work authorization the spouses of L visa holders is (a)(18).
• L-1 visa is considered by the law as a "dual intent" category (as well as H-1B and E visas). This means that an L-1 worker can engage in temporary employment while seeking lawful permanent resident without affecting the L-1 status.
• If intracompany transferee is opening a new office in the US , additional evidence is required, including evidence of office space and business plan. The petition will be approved initially for only one year.

Blanket Petitions

The Blanket L program is designed to allow multinational corporations to file L petitions without experiencing the often lengthy processing periods of regular L petitions. This process is ideal for employers who regularly file L petitions. The blanket L petition takes a long time to prepare and submit to the USCIS but once it is approved it provides a quick immigration tool for companies that need to transfer managers, executives or specialized knowledge personnel on a continuous basis or on short notice. A blanket L beneficiary may enter the US in that status in as little as one week after submitting the I-129S petition to the USCIS.

Blanket L program must include evidence that:

• Petitioner and entities included in the petition are engaged in commercial trade or services;
• Petitioner has an office in the US that has been doing business for one year or more;
• Petitioner has 3 or more domestic and foreign branches, subsidiaries or affiliates;
• Petitioner and other qualifying entities have either, obtained approval of at least 10 L-1 managers, executives or specialized knowledge professionals during the previous year, or have US subsidiaries or affiliates with a combined annual sales report of at least $25 million, or have US workforce of a least 1,000 employees.

Permanent Residence for Intracompany Transferees

As mentioned before, L visa is a "dual intent" category, which allows the L-1 beneficiary to seek legal permanent residence -while still intending to comply with his/hers nonimmigrant status. Multinational executives and managers are eligible to apply for employment-based permanent residence as "priority workers" (EB-1). Labor certification is not required, thus the petitioner may only file an USCIS Form I-140, and evidence of the following:

• That the beneficiary has been employed for one year of the last three years immediately preceding the filing of the petition, or if foreign worker is presently in the US, one of the last three years preceding entry to the US as a nonimmigrant;
• Past employment must have been outside the US in a managerial or executive capacity;
• Past employment must have been with the same corporation, or other legal entity or an affiliate or a subsidiary thereof;
• That the beneficiary is employed in a managerial or an executive capacity as defined under INA 101(a)(44), 8 USC 1101(a)(44); 8 CFR 204.5(j)(2);
• Operations of the company outside the US .

Recent changes to the L-1 Visa Program

• December 3rd, 2004 . President Bush signed the 2005 Omnibus Appropriations Bill, which included provisions that modify the L-1 visa program.
• June 8th, 2005 . No subcontracting of L-1 visa holders to third party employers. The enacted legislation prohibits L-1 visa holders to work outside of petitioning employer's worksite with limited exceptions.
• December 5th, 2006. After several years of AILA-USCIS liaison efforts, on 12/5/06 Michael Yates, USCIS Associate Director, Domestic Operations, issued a Memo regarding periods of admission for L-2s (spouses of L-1s). The Memo clarifies that time spent as an L-2 dependent does not count against the maximum allowable periods of stay available to principals in L-1 status.
• August 13, 2010. Public Law 111-230 requires the submission of an additional fee of $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014. These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed: a. Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or b. To obtain authorization for an alien having such status to change employers