The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either in managerial or executive capacity (L-1A for up to 7 years) or in specialized knowledge capacity (L-1B for up to 5 years). To qualify, an alien must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one (1) continuous year within the past three (3) years at the time of filing and will perform duties in the US for the same employer or an affiliate. There is currently no annual cap on L-1 visas.
An L-1 visa is an appropriate visa classification for a qualified employee of an international company coming to the US to establish a parent, branch, affiliate, or subsidiary in the US. When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the petition approval, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner will be required to show that it has the financial ability to remunerate the beneficiary and to commence business in the US. A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is conducting business as described above in order for the petition and applicant's stay to be extended beyond one year.
Blanket L
Employers who regularly file L petitions may wish to consider filing for a blanket L petition in order to obtain continuing approval for itself. This simplifies the process of approving and admitting additional individual L-1A and L-1B workers.
Petitioner has an office in the United States that has been doing business for one year or more.
Petitioner has 3 or more domestic and foreign branches, subsidiaries, or affiliates.
Petitioner and its qualifying organizations have obtained approved petitions for at least ten L-1 professionals during the previous year or have U.S. subsidiaries or affiliates with combined annual sales of at least 25 million dollars, or have a U.S. work force of at least 1,000 employees.
