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The L-1 visa is an employment-based visa category established by Congress in 1970, allowing multinational companies to transfer their managers, executives, or key personnel to their U.S. operations. It is commonly referred to as the intracompany transferee visa. There are two main types of L-1 visas: L-1A and L-1B. These types are suitable for employees hired in different positions within a company. Let’s find out the key differences!
The L-1A visa is an intracompany transferee visa that enables multinational companies to transfer their personnel, as managers or executives, to their affiliated U.S. company. Companies can transfer their principal personnel to the U.S. company to establish if it’s a new office, oversee, and operate the business for the visa period.
The L-1A visa is suitable for individuals employed by a foreign company who intend to be transferred to the U.S. affiliate company to work in a managerial or executive position. L-1A managers and executives may oversee personnel or hold essential functions within the company.
Additionally, the beneficiary must have worked in a managerial, executive, or specialized employee position for one year within the three years preceding the L-1A application in the foreign company. For new office applications, foreign employment must have been in a managerial or executive capacity if the beneficiary is coming to the United States to work as a manager or executive.
Accordingly, eligibility for managerial or executive capacity also entails different conditions. To qualify as a manager, the beneficiary must:
On the other hand, the beneficiary intending to join the U.S. company as an executive must:
The L-1A visa allows the beneficiary to stay in the U.S. for up to seven years to oversee the operations of the U.S. affiliate as an executive or manager. If issued for a U.S. company that has been operational for more than one year, the L-1A visa is initially granted for up to three years and can be extended in two-year increments. However, if the U.S. company has been recently established or has been operational for less than one year, the initial L-1A visa is issued for one year.
The L-1B visa is known as the specialized knowledge visa. It is a nonimmigrant visa type that enables multinational enterprises to bring personnel with specialized knowledge of products, processes, services, etc., to their U.S. enterprise. This allows the company to utilize the employee’s specialized knowledge in its U.S. operations. The L-1B visa has two distinct categories: L-1B special knowledge and L-1B advanced knowledge.
The L-1B visa is available for personnel of a foreign company who are sent to the US company to work with their special or advanced knowledge.
Additionally, the beneficiary must have worked in a managerial, executive, or specialized employee position for one year within the three years preceding the L-1B application in the foreign company.
For either special or advanced knowledge, the petitioner typically needs to show that the beneficiary’s expertise is not widespread across the industry. Nevertheless, a beneficiary’s knowledge does not have to be proprietary, unique, or exclusively held within the petitioning organization to be classified as specialized.
The L-1B visa allows for a maximum duration of five years. If granted for a U.S. company operational for more than one year, the initial L-1B visa is for up to three years and can be extended for an additional two years. Conversely, if the U.S. company is newly established or has been operational for less than one year, the initial L-1B visa is issued for one year, with extensions available in two-year increments.
The L-1B visa category offers mostly the same benefits as the L-1A visa.
L-1A and L-1B have some major differences.
Other than the main differences in visa requirements, there isn’t much disparity in the application process for L-1A and L-1B visas. Pre-approval from USCIS is required for both visa types, however, there are nuances regarding the documentation of eligibility for the visas.
The petitioner should demonstrate that the beneficiary’s at least one year of employment in the preceding three years in a managerial, executive, or specialized knowledge capacity in the foreign company, and that the beneficiary will be employed in a managerial or executive capacity in the U.S. operations.
The petitioner must show at least one year of employment in the preceding three years in a managerial, executive, or specialized knowledge capacity in the foreign company, and that the beneficiary will be employed in a specialized knowledge capacity.
L-1A beneficiaries may apply for the EB-1C immigrant visa category as multinational managers and executives if the requirements are met. However, L-1B visa holders cannot directly adjust their status to EB-1C. Nonetheless, L-1B beneficiaries may apply for EB-2 and EB-3 visas if all requirements are met.
If you’re a company owner actively involved in operations and wish to expand your business into the U.S. market, or if you hold a high-level position within the company, you may qualify for the L-1A visa to work as a manager or executive in the U.S. company. Conversely, if you possess special or advanced knowledge within your company, you may be eligible for transfer to the U.S. to apply your specialized skills.
The L-1 visa process involves complex procedures, necessitating thorough documentation and careful scrutiny of legal requirements on a case-by-case basis. In this regard, the assistance of an immigration attorney is crucial for ensuring the successful completion of the process.
As Oguz Law, we offer extensive legal services to our clients for their L-1A and L-1B visa applications, supported by our experienced team. We assist clients throughout the entire process, from the initial stages to the issuance of their L-1A and L-1B visas. Our dedicated team prepares comprehensive application packages, which include a thorough business plan for the U.S. company and all necessary documents demonstrating visa requirements are met.
Indeed, the L-1A visa is a frequently applied visa type, thus USCIS rigorously scrutinizes all requirements.
Yes, if an L-1B visa holder meets the requirements for the L-1A nonimmigrant classification, a change of status may be applicable.
The L-1B visa does not directly lead to a green card. Only L-1A beneficiaries may apply for the EB-1C immigrant visa and subsequently for a green card if they meet the special requirements. L-1B visa holders, however, may apply for the EB-2 or EB-3 categories.
The L-1A visa is issued for a maximum period of five years, whereas the L-1B visa is granted for a period of up to five years.
After 7 years with an L-1A Visa, the L-1A status comes to an end. You cannot extend your L-1A visa beyond this period, so you may have to apply for another non-immigrant visa or immigrant classification to legally stay in the U.S.
No, L-1B visas cannot be extended beyond 5 years
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