L-1 Intracompany Transferee Visas: Executives, Managers, Individuals with Specialized Knowledge
There are no limitations on the nature of the business operations (e.g.,
To qualify as a manager (
- Direct or supervise a core function of the organization or department
- Primarily supervise and control the work of other professional or managerial employees
- Have the authority to hire, dismiss, or recommend staff for promotion.
To qualify as an executive (
- Direct the management of the organization or a major component or function
- Determine the goals and policies of the organization
- Exercise wide latitude in discretionary
To qualify as a person of specialized knowledge (
- Special knowledge of the company’s products and their applications in world markets
- Advanced or unique knowledge of the company’s processes or procedures.
The US Company must:
- In the event of a new office, the US company must have office space and be in a position to financially support the visa applicant and initial operations of the company
- In the event of an ongoing operation, the US company must show the need for an executive, manager, or specialist, as well as office space, tax declarations, and the financial ability to pay the salary offered to the visa applicant
- Be properly related to the foreign company: have a
parent-subsidiary/ subsidiary-parent, joint venture, branch, or affiliate relationship.
Advantages of the
- No quota on the
L-1visa, (the number of visas will not run out during the year)
- No annual limit for a company on the number of visas issued
- No need for the
L-1visa applicant to show a foreign residence L-1visa holders may apply for permanent residency L-1Asare not subject to the Labor Certification (PERM) requirement (this enables the L-1Aholder to obtain a green card relatively quick and problem-free)
- Minor children and spouses are automatically eligible for
L-2visas. A spouse may work on an L-2visa upon receiving separate employment authorization from USCIS.
What are some problems, issues, and USCIS/consular questions for an
L-1 Petition and Visa Application?
White & Associates has more than 20 years of experience with the
- The terms “executive” and “manager” are interpreted in different ways by USCIS — one officer may consider that the position is executive or managerial in nature while another may not
- The meaning of the term “specialized knowledge” is disputed and controversial and has been the subject of many lawsuits
- Small office premises not sufficient to house staff
- Boilerplate business plans, job descriptions
- Inadequate staffing to be considered an executive/manager when requesting an extension
- Lack of
white-collarsubordinates to L-1beneficiary
- Inadequate finances to pay the
- Shareholding distribution in the US and foreign companies not in accord with USCIS interpretation of “affiliate”
- Little evidence to show that
L-1beneficiary supervised and delegated tasks to employees or that employees reported to the L-1beneficiary
- Small overseas company with few personnel calling into question whether
L-1applicant worked as executive or manager or that the office will continue to operate in his absence L-1beneficiary is majority shareholder in foreign company
- More than one
L-1applicant applying simultaneously
- Discovery of new, “material facts” by consular officer
How does White and Associates help?
For new US companies, we can assist in registering the new US company; opening a company bank account; obtaining an employer identification number; registering with Dun & Bradstreet; obtaining local permits; arranging for an
We can bring our experience to aid you in resolving difficult issues or situations. We can provide a second opinion if counsel has already been retained. If your petition has been referred back for revocation or is in the process of being referred back, we can assist in forestalling that referral, or respond to a Notice of Intent to Revoke. If your petition has been denied, we can represent you in the appeals process, or seek out other alternatives for the employee. We can represent the employee in resolving personal,