Practice Areas​

L visas are crucial in the intra-company transfer of employees in multinational organizations since the key people in such firms can move from other countries to the U.S. branches. These visas include specialized categories for managers, executives, and experts and provide opportunities for temporal missions and long-term relocations. Immigration attorneys should be familiar with L visas since they will often be dealing with clients seeking the services of lawyers to obtain these documents. Such visas are different from other work visa types like the H1B. This writing focuses on L1A and L1B visas providing useful information on the requirements, procedure, problems, and adjustment thereof in order to achieve the green card.

Key Takeaways

• L1A vs L1B: There are two types of visas/work permits known as L1A and L1B. L1A visas are for the executives and managers whereas L1B is for employees with special knowledge.
• Eligibility: There are certain conditions that have to be satisfied by both the employee and the employer in order to get an L visa.
• Application Process: Process flows and specific forms have to be developed and adhered to including the thorough submission of evidence on the issue.
• Duration & Extensions: The initial length of that is granted varies and appropriate extensions can still be requested with the approval of USCIS.
• L2 Visa Rights: The L visa holders dependants like their partners and children have certain entitlements which include a right to work.
• Blanket Petitions: Multinational companies can streamline the consumption L visa through reliance upon a common petition styled “blanket petition”.
• Challenges: In the L visa process, Request for Evidence and denial are two of the common challenges.
• Permanent Residency: After transitioning through certain employment-based e.g. EB1 categories, L visa holders stand a chance of acquiring permanent residency status.

Historical Background

The L visa class was created in the year 1970 to foster the expansion of multinational companies and is a component of the Immigration and Nationality Act. The L1 visa was created primarily for the purpose of transferring key managerial or other critical operational staff from a company’s overseas entities to the U.S. subsidiary. At the present time this program is no longer seen primarily as a means of promoting free trade and foreign investment. Updating business practices and processes so they would be suitable for the US market by hiring specialists in foreign countries blooms the management background. It has good clarity in terms of categories as the executive/ manager L1A and specialized knowledge worker L1B which other visa types do not have.

Overview of the L Visa Categories (L1A and L1B)

L visas are not just one but are classified into either of the two groups which are, the L1A or the L1B visa category. The L1A visa is designated for company executives and managers, who are allowed to enter the United States for the purpose of directing or managing a business activity or an important function of the business. L1B, however, is for employees who possess knowledge – often proprietary to the company, its products, processes, systems, or others, necessary for the work of the U.S. office.

Eligibility Requirements for L Visa Applicants

In order for an L visa to be granted, there exists some prerequisite rules for both the employee and the employer. The employer must be a member of a group of multinational corporations with their companies in the USA and in another foreign country. The employee has to have been employed by the foreign office for an uninterrupted twelve-month period within three years and in a management, executive or specialized knowledge position. Furthermore, the prevailing employment offer in the US should have some similarities to the previous position held.

Application Process for L Visas

The employer application for an L visa starts with a United States employer activating a request known as Form I-129 that is submitted to USCIS on their behalf. The request should have papers to show non immigrant’s multinational employers and papers showing the employee qualifies for the L1A or L1B. Other documents necessary include employment contracts, encapsulation of company structures, or information about specialization or management that the employee was performing. When the request is favorable, it becomes possible for the employee to secure a visa from the US embassy in their own country.

Duration and Extensions of L Visas

The initial duration for an L1A visa is three years, while the L1B visa is granted for one year for establishment of a new office or three years for an existing office. However, an L visa Intra-company transferee can switch to an L1A/L1B visa without having to leave the U.S. Some countries allow holders of L1 visas to work abroad and stay outside for the granted duration. An L1A extension can be granted up to seven years, and for L1B it is limited to five years. When seeking an extension, the company has to show that the Worker is still performing in a managerial or specialized knowledge capacity.

Differences Between L1A and L1B Visas

A big difference between L1A and L1B has to do with the level of involvement of the employee in the company. The executive and managerial level related L1A is only for those who are having executive assignment, possessing broader managerial functions such as controlling major departments or teams. The L1B visa also known as a skilled worker intra company transfer visa is permitted for employees possessing certain types of knowledge which is not easily acquired from any other individual and which are pertinent to the U.S.

Restrictions on L Visa

Unlike H1B visas, which can only be issued in a specific numeric cap, there are no limits on the number of L visas which can be issued in a year. This allows the international companies to have more flexibility in moving its employees without the need to make deadlines or race for a few numbers of visas.

Spouses And Dependents (L2 Visas)

Holders of L2 visas are spouses and children of L1 visa holders, and an application for this type of visa enables them to travel with an L1 employee to the United States. Also, spouses of L visa holders are allowed to apply for an EAD work authorization and can work in the United States. They authorize work to dependent children and they are allowed to go to school.

The L1 Visa Blanket Applications

For big multi-corporate companies that have to regularly send their employees to the U.S. L1 visa blanket petitions lets them do this in a faster way. Blanket petitions enable L visa petitioning companies to self-petition as L visa eligible thereby eliminating the individual employee documentation hurdle faster. This option is suitable for companies that move a lot of employees at a go.

Emotional Affectations of the Applicants and Opportunities for Improvement in L Visa Application

The visa process for any country as the L visa does not come easy. Such cases involve evidence filing (RFE) where USCIS asks for any additional information which previously could not be provided especially in situations where specialized knowledge is in question. Others include why the worker will be needed, for what purposes the US office will be created and whether the connection between the American office and foreign one is adequately proven. Last but not the least, it is also possible that employers have to adjust whenever there are immigration reforms.

Making the get the Permanent Residency as a L Visa Holder

Once a holder of L visa has some insight into becoming a permanent resident especially in the EB1 category which favors multinational executives and managers. Since the L1A visa extends the scope of the job by including the managerial or executive aspect, it is common for employees in this category to apply for EB1 green cards because the progress is less than in other employment categories. And although L1B visa holders are also considered for green cards, there is a long wait involved, as it involves proving that one is either an alien of extraordinary ability or meets the requirements of national interest.

Conclusion

The L visa program is crucial for multinational companies as it allows for the easy relocation of essential employees to the U.S. operations. It is more popular because of its flexibility, there are no numerically based caps imposed on it, and it is also possible to give a work permit to the employees’ spouses. Nevertheless, it is important for both the employers and the lawyers to be very attentive in the whole process and take all legal documentation as required to avoid countering problems like RFEs or denial. For the candidates who wish for permanent residency, the L visa also helps as a good bridge for getting a green card.

Frequently Asked Questions

1. What is the distinction that comes with regard to L1A over L1B?
   L1A is meant for manager and top management while L1B is for skilled personnel.
2. Are there any limitations on the number of L visas that can be issued in one single calendar year?
   No, with respect to issuance of L visas, there is no barrage as there is a limitation with the issuance of H1B visa.
3. Is there any restriction on the possibility of L1 spouses to legally work in the United States?
   Yes, L visa spouses have the right to apply for an EAD work permit, which allows them to perform the employment in the United States.
4. How long does an employee with an L visa remain in the US?
   The L1A visa is in fact granted initially for three years and can be renewed up to a maximum of 7 years. And as for L1B, five years is the maximum chance that one is given.
5. Can a person holding an L visa apply for citizenship?
   Yes, most L1A visa category users convert to permanent resident status through the EB1 category while L1B holders seek other employment-based categories.
6. What is a blanket L petition?
   A blanket L petition is an entire process of visa pre-approval for multinational companies that streamlines the visa petitioning process for workers by decreasing the volume of evidence and other materials required in support of separate petitions.