L-1 Visa

The L-1 visa is a temporary non-immigrant visa which allows companies to relocate foreign qualified employees to its U.S. subsidiary or parent company. The qualified employee must have worked for a subsidiary, parent, affiliate or branch office of the company for at least one year out of the last three years. The U.S. company must be a parent company, child company, or sister company to the foreign company. The L-1 visa may also include non-profit, religious, or charitable organizations.

The L-1 visa is a good way for small or start-up overseas companies to expand their business and services to the United States. This is advantageous to smaller companies because it allows for the transfer of a highly proficient manager or executive who has direct knowledge of operations, allowing the setup of a new branch in compliance with the goals and objectives of the company’s main office. However, since the USCIS will scrutinize L visa petitions filed by lesser-known companies more closely, professional consultation with an experienced immigration lawyer is strongly recommended for these types of small businesses.

L-1 visas can also be used by multi-national companies. When a multi-national company is developing a new market in another country, it may become necessary to have some employees with specialized knowledge work in the newly established office. Furthermore, such companies may have policies of international rotation of managerial level personnel to assure that all key personnel within a company have equal opportunity for career advancement when an appropriate position becomes open in any location around the world. Cross-fertilization of ideas among high level employees and executives enhances a company’s competitiveness; this exchange often results in innovation essential to a company's reputation and development. A regular rotation of key personnel improves and ensures uniformity of service and procedure within the company at a global level.

Whatever the case may be, the L visa is specifically designed to facilitate the needs of intra-company transfers by companies. There are two different L-1 visa classifications: L1-A and L-1B.

L-1A visas - Intracompany Transferee Executive or Manager

L-1(a) visas are designed for intra-company executive transferees coming to work in the United States. The L-1A visa holders must have been employed in an executive or managerial capacity for the foreign company at an overseas location continuously for at least one year out of the past three years. In addition, the L-1A visa allows a company which does not currently have a U.S. office to send an executive or manager to the United States in order to establish one. L-1A visa is granted initially for oneyear for a new company in the US or three years for a US company with more than one year in existence, with extensions available in two-year increments, with a total stay not to exceed seven years.

L-1B visas - Intracompany Transferee Specialized Knowledge

L-1(b) are designed for professional employees with specialized knowledge. An example of specialized knowledge personnel would be an individual who possesses proprietary knowledge about a company's product and who travels to the U.S. to impart his or her specialized knowledge to new U.S. employees. In addition, companies who currently do not have an office in the United States can use the L-1B visa to send over an employee with specialized knowledge to help establish one. An L-1B visa is issued initially for three years with one two-year extension for a maximum of five years stay.

In both cases, the U.S. company and foreign company must be related in a specific way such through a parent/subsidiary relationship or through an affiliated employer.

L-1 Blanket Visa

The USCIS has provided a special set of procedures to be used by companies that are frequent users of the L-1 visa category and are large multi-national organizations. This is called the "L-1 Blanket Petition Program". Under this program, the approved company need only receive one approval from the USCIS to transfer a certain number managerial, executive and professional employees.

On completing the maximum allowable period, the L-1 holder must leave the United States for minimum of one year and must work for foreign operation of the U.S. Company before becoming eligible to reapply for an L visa.

Full-time employment is not required to maintain L visa status, but the employee “must dedicate a significant portion of time on a regular and systematic basis” to the company while in the U.S. Even though the L1 visa holder must be employed on a full-time basis with the company, foreign worker does not necessarily have to be working in the U.S. on a full-time basis. Foreign worker is allowed to divide work between the U.S. and home country. In other words, the foreign worker can be principally employed outside the U.S. and still receive L1 visa for coming to the U.S. to work on a short-term basis.

If the alien is coming to the U.S. for conferring with officials, attending meetings and conferences, and participating in training, such activities are not considered a regular and systematic basis and the alien should apply for business visa instead.

Spouses of L-1 visa holders may apply for work authorization with USCIS to work in US without restriction.

One of the privileges of the L1 visa, as opposed to many other nonimmigrant visas, is that it is a ‘dual intent’ visa. In other words, under the terms of the L-1 visa, the L-1 visa holder may apply for a Green Card and become a permanent resident without jeopardizing his/her L-1 visa status or their visa applications from a U.S. consular office abroad.

General Requirements for L-1 Visas

The L-1 visa is a temporary, non-immigrant visa which allows companies to relocate foreign qualified employees to its U.S. offices from a subsidiary, parent, affiliate, or branch office of the company abroad. There are several different types of L-1 visas. L-1A visa is specifically designed for intra-company executive or manager transferees. The L-1B visa is designed for intra-company transfers of employees with specialized knowledge. For more information on the L-1 visa program, 

Specific Requirements for the L-1 Employer

• The company must have a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate. These are collectively referred to as qualifying entities. For more information on qualifying entities,.
• The company must also be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade. Doing business refers to the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

Some of these requirements are easy to meet and do not require extensive documentation, especially if the employer is well known and a well-established company. However, when the company is small or just beginning, the employer should be prepared to provide extensive documentation to establish their eligibility for the L-1visa. We therefore strongly recommend in this case that they seek the professional services of an experienced immigration attorney.

Specific Requirements for the Employee: L-1A

• The employee must have worked abroad for the overseas company for a continuous period of one year during the preceding three years before admission to the United States.
• The employee must have been employed abroad in an executive or managerial position, otherwise known as a qualifying position. For more information on qualifying positions,.
• The employee must be coming to the U.S. company to work in an executive or managerial position. According to federal law, executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
• The employee must be qualified for the position by virtue of his or her prior education and experience.
• The L-1 visa holder must intend to depart the United States upon completion of his or her authorized stay.

Specific Requirements for Employee: L-1B

• The employee must have worked abroad for the overseas company for a continuous period of one year during the preceding three years before admission to the United States.

• The employee must be seeking to enter the United States to ender services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
• Specialized knowledge is beyond the ordinary and not commonplace within the industry or the petition organization. In other words, the employee must be more than simply skilled or familiar with the employer’s interests. This specialized knowledge can refer to the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets. Or, it could refer to an expertise in the organization’s processes and procedures.
• The L-1 visa holder must intend to depart the United States upon completion of his or her authorized stay.

Following the 2004 Visa Reform Act, an L-1B non-immigrant will be in violation of status if they are stationed primarily at the worksite of an employer other than the petitioner, and if one of the following occurs:

• The alien will be principally under the control and supervision of the unaffiliated employer, or
• The placement at the non-affiliated worksite is “essentially an arrangement to provide labor for hire for the unaffiliated employer,” rather than placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary.

Additional Requirements for New Offices

One of the benefits of the L-1 visa program is that it allows companies the opportunity to re-locate employees to the United States to expand their business and open up new offices. For foreign employers who want to send an L-1 visa holder to the United States for the purpose of establishing a new office, the following criteria must also be met:

• The company must have secured a sufficient physical premise to house the new office. The new U.S. office will support the said executive, managerial, or specialized knowledge position within one year of receiving petition approval.

Process for Obtaining an L-1 Visa

Just as with any other kind of visa application, there is a detailed process an alien must go through in order to successfully apply for their L-1 nonimmigrant visa, whether it is L1-A or L-1B. Whether they are applying through the change of status procedure or obtaining a visa through consular processing (discussed in detail below), the following petition papers must be collected and sent to the USCIS by the petitioning employer:

1. The Form I-129, Petition for a Nonimmigrant Worker, and the L Supplement. These can be downloaded for free from the USCIS web page.
2. A supporting letter from the U.S. employer, verifying that the alien will be working for them in the United States in the necessary capacity.
3. Other documents as evidence supporting the petition.

Documentary Evidence

According to the USCIS, the petitioner must submit evidence of the following requirements for an L-1 visa:

• A valid qualifying relationship between the business entity in the United States and the foreign entity which employs the alien abroad. This can be proven in different ways, depending on the nature of the petitioner:
1. If the petitioning employer is a large and well-established organization, they may submit a statement by the company’s president, corporate attorney, corporate secretary, or other authorized official describing the ownership and control of each qualifying organization. This must be accompanied by other evidence such as a copy of the company’s most recent annual report, Security and Exchange Commission filings, or other documentation which lists the parent and its subsidiaries.
2. If the petitioning employer is a small business, in addition to a statement of an authorized official regarding ownership and control of each qualified organization, other evidence of ownership and control should be submitted, such as records of stock ownership, profit and loss statements or other accountant’s reports, tax returns or articles of incorporation, by-laws and minutes of board meetings.
3. If the petitioning employer is sending the beneficiary to open a new office in the United States, proof of ownership and control, in addition to financial viability, is required. The petitioner’s statement of ownership and control should be submitted along with appropriate evidence, such as evidence of the capitalization of the company or evidence of financial resources committed by the foreign company, articles of incorporation, by-laws, minutes of board of director’s meetings, corporate bank statements, profit and loss statements or other accountant’s reports, or tax returns.
• The alien’s prior year of employment abroad in an executive, managerial, or specialized knowledge capacity. The prospective employment in the U.S. must also be in a managerial, executive, or specialized knowledge capacity. Both of these qualifications can be documented through a letter signed by an authorized official of the petitioner describing the prospective employee’s employment abroad for the requisite on year and the intended employment in the U.S. This needs to include the duties of employment, job titles, specific job duties, number and type of employees supervised, qualifications for the job, level of authority, salary and dates of time spent in the U.S. during the qualifying period. Note that in cases where the accuracy of the statement is in question, the USCIS may require other evidence such as wage and earning statements or an employment letter from an authorized official of the employing company abroad.

Change of Status vs. Consular Processing: L-1 and Change of Status (COS) Application

Those aliens who are in the US with another nonimmigrant status have two options available to them to get their L-1 status. One is to apply for an L-1 with the USCIS and then request a COS, again with the USCIS. The other is to apply for an L-1 with the USCIS and after its approval, apply for a visa through a US Consular Office abroad, then use that L-1 visa to travel to the United States to gain L-1 status. Each agency has their own procedures and rules that means there are pros and cons to both options that every alien seeking nonimmigrant or immigrant status in the U.S. should be aware of. 

Generally, in order to be eligible to petition for a COS in the United States, the alien:

• Must have been lawfully admitted into the U.S. as a nonimmigrant;
• Must have not committed any act that would make them ineligible to receive immigration benefits;
• Must have no other factor that requires them to depart the U.S. prior to making a re-entry based on a different classification (for example, a USCIS officer may determine that they need to obtain a new visa prior to being re-admitted);
• Must request a COS application in the L- 1application before theexpiration date oftheir I-94.

Those in the United States on the following nonimmigrant categories are not eligible to change their status to L-1 (or any other nonimmigrant status): Visa Waiver, C, D, K-1 or K-2, S, TWOV, WT or WB.

The COS application procedure depends on the nonimmigrant status to which the alien wishes to change. For L-1 status, the prospective employer needs to file the aforementioned Form I-129, supporting letter of employment, and all documentary evidence with a request for a COS. Once approved, the alien will be issued an I-797A notice (COS approval).

L-1 and Consular Processing:

An L-1 alien needs to be aware of the risks of applying for COS if they are already in the United States on another non-immigrant status, such as B-1 or B-2. While technically B-1 holders are permitted to change status to another non-immigrant status, doing so in order to avoid the more stringent application procedures associated with the new status (such as L-1) is considered fraudulent by the USCIS, since the alien failed to disclose their actual reason for seeking the B-1 visa. Such behavior could make it extremely difficult to obtain an L-1 visa for entry into the United States in the future. This is one of the reasons why consular processing is suggested in most situations.

If the alien is already outside of the U.S. and seeking L-1 status (as is most often the case), they must use consular processing. For another, if they are in the U.S. and already on another non-immigrant status, it is faster and less risky to use consular processing. Of course, the downside of consular processing for those aliens that are already in the United States is that they have to leave the country in order to get a visa to be able to come back on L-1 status.

In order to obtain their visa, the alien must present the following materials in person at the U.S. consulate once their approved L-1 petition has been sent to the National Visa Center:

• Form DS-160, the standard nonimmigrant visa application
• Passport of the visa applicant
• One photograph following Department of State requirements
• Applicable application fee
• USCIS approval notice of a nonimmigrant petition (I-797B) or certification from sponsoring institution when such prior approval or certification is required for issuance of a nonimmigrant visa
• Supporting documentation establishing the alien’s eligibility for the particular nonimmigrant visa sought.

Premium Processing v. Regular Processing

The employers filing working petitions, including L-1A and L-1B visas, may take advantage of a service offered by the USCIS called premium processing. Premium processing provides faster processing for your L-1 petition. The USCIS guarantees that within 15 calendar days, those who have chosen to take advantage of premium processing will receive an approval notice, a denial notice, a notice of intent to deny, a Request for Evidence (RFE), or notice of an investigation for fraud or misrepresentation for their L-1 (or another employment-based) petition.

Regular processing of an L-1 petition can take anywhere from three to five months. If the alien will be entering the United States under a blanket L-1 petition, approval can take only several weeks. Therefore, if the alien is not under a blanket petition, taking advantage of premium processing can greatly speed up the approval process.

In order to request premium processing, the petitioner must complete Form I-907, Request for Premium Processing Service, along with the standard Form I-129, Petition for a Nonimmigrant Worker, which must accompany the L-1 visa petition. In addition to all other filing fees required for the application to be processed, there is a $1,225 Premium Processing fee that must be paid.

Since an L-1 petition is a working visa petition, the employer or their attorney must complete Form I-907 separately or concurrently with the Form I-129. The premium processing service fee must be submitted in a separate check or money order. The USCIS also accepts credit card, debit card, and electronic fund transfers from a U.S. bank. You may also include a postage paid and self-addressed courier deliver slip when filing Form I-907 to expedite the return results of the adjudication.

Some additional benefits of the premium processing program include:

• A special USCIS phone number and email address for premium processing customers at each USCIS service center.
• USCIS will send each premium processing customer an automatic email notification when your Form I-907 is received.
• USCIS strives to provide faster processing of Form I-129(Application to Extend/Change Nonimmigrant Status) applications of beneficiaries of the premium processing petitioner

Attorney Fees and Filing Fees for L-1 Visa

 Listed below is a table of our fees for L Visa/Status applications, which consist of attorney's fees and filing fees. Filing fees are fees that are set by the USCIS to cover the cost of its immigration services. Attorney's fees are the fees charged by the firm for professional services rendered. 

The initial attorney's fees are due upon signing the retainer agreement with us. The filing fee is due any time before the application is filed with USCIS. Fees due upon approval (if applicable) are paid when the USCIS approves the case. The fees range in price due to the complexity of issues or length of process time and work involved. Keep in mind that these fees are estimates and that fees may vary, depending on the difficulty/simplicity and specific facts of each individual case.

Case Type Filing Fee & Other Fees Initial Attorney's  Fee Fees  due upon Approval Total  Attorney's Fees, Filing, and Other Fees Link to Contract L-1 Petition Filing Fee: $325.00  Fraud Detection Fee: $500.00 $2,000 $2,000 $4,825 Agreement L-1 Extension Filing Fee: $325.00 $2,000 $2,000 $4,325 Agreement

·         Premium Processing is applicable both to L-1 petition and L-1 extension petition by which the petitioner will receive the adjudication in 15 calendar days. The fee for Premium Processing is $1225.00
Important Notice: 

Fees listed above are subject to change without notice. Moreover, they are for the majority cases in each category. An individual client may be charged at a higher fee, depending on the totality of the circumstances for the client. Zhang and Attorneys have the discretion to charge a higher fee than the fee schedules listed above. Fees listed above do not include any personal appearances by attorneys at USCIS offices. 

Benefits of the L-1 Visa

The L non-immigrant visa category is one of the most useful tools available to international companies who need to bring qualified foreign employees to the United States. L visa holders do not have to maintain a foreign residence during their U.S. stay and are eligible to seek permanent residency status if they wish. Since the L visa is  a dual intent visa, L status holders may file a petition for permanent residency status without jeopardizing their L status or their L-1 visa applications from a US Consular Office abroad.

The L-1 visa category also allows for intra-company transferees to bring their family to the United States with them. Family members of the L-1 alien, classified in the L-2 category, may be granted employment authorization to work in the United States after being granted an Employment Authorization Document (EAD). An EAD is a document that allows an alien to work in the United States for a specific time, usually one year. The primary L-1 visa holder does not need an EAD to legally work for their L-1 sponsoring employer in the U.S. because their visa is employment-based, whereas their dependent family members’ is not. For more information on EADs,

If the basic requirements for an L-1 visa are met, the company can gain access to the many advantages of the L visa category, which they might not have been able to utilize on another type of visa.

Compared to an E visa 

An E is another type of employment based non-immigrant visa that can also be used by small business owners or small companies to bring owners or employees to the United States. However, the E visa category is designed solely treaty traders and treaty investors who come to the United States to engage in trade between the U.S. and the country in which they are employed.An E visa is available only when the following three conditions are met:

• A treaty must exist between the United States and the foreign country under whose treaty the E status is sought;
• Majority ownership or control of the investing or trading company must be held by nationals of the foreign country under whose treaty the E status is sought;
• Each employee or principal of the company who is seeking the E status pursuant to the treaty must hold citizenship of the country under whose treaty the status is sought.

At the present time, there are many countries that do not have such treaties with the United States. For those countries, an E visa is simply not available and an L visa might be a good alternative.

Compared to a B visa

A B-1 Temporary Business Visitor visa is used by alien visitors coming to the United States for short business trips on behalf of an overseas employer. Generally speaking, a B-1 visa can be used for some business activities such as the opening of bank accounts, acts of incorporation, signing of contracts, and the like. In order to obtain a B-1 visa, you must be able to demonstrate the following:

• The purpose of your trip is to enter the United States for business of a legitimate nature
• You plan to remain for a specific limited period of time
• You have the funds to cover the expenses of your trip and your stay in the United States
• You have a residence outside of the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit
• You are otherwise admissible to the United States

Just like an L-1 visa, a B-1 visa may be particularly helpful during the early stages of setting up a new U.S. business.

However, there are downsides to the B-1 visa category that might make an L-1 visa more preferable for many employers, especially if the alien worker will need to stay in the country for an extended period of time. Technically, the duration of authorized stay for a B-1 holder isup tosix months, with an extension of stay up to another six months.

The duration of stay is decided by the immigration officer at the time of the visa holder’s entry into the country. In reality, most B-1 visas are approved for less than six months at a time and only in rare circumstances would a period of entry exceeding six months be granted. As the B-1 visa is a temporary business visitor visa,  the visa holder cannot legally work in the United States. Unless another type of visa with employment authorization is obtained, employment under B-1 is a violation of status. This means that when business activity has advanced to such a degree that it constitutes local employment, the B-1 holder will be at risk of violating their status.

B-1 holders maychange their status to another non-immigrant status, such as H-1 or B-2, but it is important to note that they should be cautious when doing so (if they apply for a change of status in a short period after their entry to the US with a B-1 visa).

The USCIS considers using the B category as a stepping stone to a different non-immigrant status solely for the purpose of avoiding the more stringent application procedures associated with the new status to be improper and fraudulent. Serious ramifications, including the possibility of deportation, may result.

This is another reason why, if a non-immigrant worker wishes to stay in the United States or their employer needs them to be here for an extended period of time, it is better to use the L-1 visa program.

Compared to an H-1B Visa

The H-1B non-immigrant visa program is designed to allow U.S. employers to recruit highly specialized foreign employees to live and work in the U.S. for a specified period of time. An H-1B visa is very similar to an L visa in many aspects, such as the limitation on the accumulated authorized period of stay and petition procedure.

Those on H-1B visa program are only authorized to stay in the United States for a maximum of six years. Similar to the L visa, an H-1B petition is filed by the employer on behalf of their employee and is dual intent, meaning that the visa holder can petition for permanent resident status without jeopardizing their H-1B status or their visa applications from a US consular office abroad.

The major difference, however, is that the employment privilege granted to an L visa holder, in theory, cannot be substituted by a U.S. worker. Under an H-1B visa, the employer must guarantee that their specialized alien worker is receiving the prevailing wage for their position in the geographic area they are working in.

Since a non-immigrant in the L category is here on behalf of their foreign qualifying entity, an L visa holder is not required to be paid the prevailing wage for the position he or she assumes. Furthermore, the H-1B visa is subject to an annual quota and requires a bachelor’s degree. In contrast, one does not need a degree for the L visa, nor is the L visa subject to an annual quota.

EB-1C category considerations

Another benefit of the L-1(a) visa is that it can provide a stepping stone to lawful permanent resident status. A specific employment-based immigrant preference category (EB-1C) was created for managers and executives who meet the L-1 standards and are interested in becoming lawful permanent residents. These aliens are considered "priority workers" in the first preference, which is allotted 40,000 annual immigrant visas. Although L-1A status is not a prerequisite for immigrant benefits in this category, the immigrant petitioner’s prior L-1A status provides a stronger case for the EB-1C immigrant petition. 

Specific Information on Qualifying Entities & Positions for the L-1 Visa

As discussed in the general requirements section, overseas entities that seek to send employees to the United States under an L-1 visa are required to be related to the U.S. company in a specific manner. Similarly, the alien must be employed in a specific kind of position, depending on if they are of L-1A or L-1B status. The following is a brief discussion regarding the types of business structures that are recognized as acceptable qualifying relationships and the types of jobs that are recognized as acceptable positions for L-1 status.

L-1 Qualifying Entities

In order for a company to qualify for L-1 status, the foreign company must have a specific kind of relationship with the respective U.S. company. The USCIS considers ownership and control as the main factors that establish the necessary qualifying relationship between business entities. Ownership means the legal right of possession and full power over a business entity and control means the right and authority to direct the management and operations of that business entity.

An organization that seeks to qualify for L-1 visas must either be a parent, branch, affiliate, or subsidiary of the U.S. company, as defined by federal law.

• A parent means a firm, corporation, or other legal entity which has subsidiaries. In the immigration context, this could mean two scenarios:
1. If a foreign entity owns more than 50% of a U.S. entity and is therefore a majority owner of the U.S. entity. For example, a large technology company in India owns more than 50% of a smaller, related U.S. company.
2. If a U.S. entity owns more than 50% of a foreign entity and is therefore a majority owner of the foreign entity. For example, a large American company owns over 50% of Chinese computer company.
• A branch means an operating division or office of the same organization housed in a different location. For example, a company might have branches of their business located in many countries throughout the world and need to transfer employees between them.
• A subsidiary: a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and therefore has control of; or, owns directly or indirectly half of the entity and controls the entity; or owns 50% of a 50/50 joint venture and has equal control and veto power over the entity as the other half of ownership; or, owns less than half of the entity, but in fact controls the entity.

1. For example, Chinese company A holds 49% of the stocks of U.S. company B. The rest of the stocks are divided among another ten investors, with none of them holding more than 10%.Company B qualifies for an L visa application because company A has actual control over company B.
• An affiliate means:

1. One of two subsidiaries, both of which are owned and controlled by the same parent or individual, or
2. One of two legal entities owned and controlled by the same group of individuals, with each individual owning and controlling approximately half the same share or proportion of each entity.

A contractual relationship (i.e. licensing/franchising) is generally not sufficient to establish the necessary relationship to qualify for the L visa. If one or both of the qualifying entities has undergone or will undergo some type of corporate reorganization, such as a merger or acquisition, the USCIS must be informed and determine whether the qualifying relationship between the entities will still exist.

L-1A Managers and Executives

The L-1A visa beneficiary should hold a managerial or executive position. An executive position is one in which the employee primarily:

• Directs the management of the organization or a major component function;

• Establishes goals and policies;

• Exercises wide latitude in discretionary decision making, and

• Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Managerial capacity means an assignment with an organization in which the primary duties of the employee include:

• Managing the organization, department, subdivision, function or component;
• Supervising and controlling the work of other supervisory, professional or managerial employees, or managing an essential function within the organization or department or subdivision of the organization;
• The authority to hire and fire or recommend personnel actions (if other employees directly supervised), or manages an essential function within the organization or department or subdivision of the organization;
• Exercising direction over day-to-day operations of the activity or function

First-line supervisors are usually not considered managers for L-1A visa purposes unless the employees they supervise are professionals. For example, a junior supervisor in an accounting firm may qualify under this definition because the employees he/she oversees are professional accountants.

L-1B Employees with Specialized Knowledge

The less common form of the L-1 visa is that of L-1B, which is designed for professional employees with specialized knowledge. The same requirements exist for qualifying corporate entities for L-1B visas, but an employee with specialized knowledge would be an individual who possesses proprietary knowledge about a company’s product and who travels to the U.S. to impart their specialized knowledge to U.S. employees. In addition, companies who do not currently have a U.S. office can use the L-1B visa to send over an employee with specialized knowledge to help establish one.

According to the USCIS, the specialized employee “must be more than simply skilled or familiar with the employer’s interests.” Their knowledge must be “beyond the ordinary and not commonplace within the industry or the petitioning organization.” This includes knowledge of a company or organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets.

Information/Documents Needed for L-1 Petition

When considering L-1 petitions, the USICS requires certain types of documents to prove that the petitioning employer and prospective employee(s) meet the necessary requirements. The following lists are examples of documents the USCIS may request. Due to the amount of information required for an L-1 petition, we strongly recommend that you seek the services of a qualified attorney.

Documents

From the U.S. Company

• Article of incorporation or association
• Application for EIN (Form SS-4)
• Stock certificates
• Lease of business location
• Bank statement or wire transfer evidencing initial investment
• Audited accounting reports (balance sheets, profit/loss statements, cash flow reports)
• Corporate income tax return Form 1120 (if any)
• Employer's Quarterly Report Form 941 (if any)
• Description of company business
• Commercial contracts, invoices, bills of lading, letters of credit, etc.
• Bank statements
• Company letterhead (several sheets)
• Company structure, plan of employing new employees
• Pictures of the main office (interior and exterior)

From the Foreign Company

• Business license
• Article of incorporation
• Income tax filings for the past three years
• Audited accounting reports (balance sheets, profit/loss statements, cash flow reports)
• Organizational chart, total number of employees, position held by the transferee
• Company brochure or product introduction
• Documents of business transactions (contracts, bills of lading, letters of credit)
• Bank statements, or transactional records
• Company letterhead with company logo, name, and address (several sheets)
• Pictures of company's main office, factories, or buildings (Disregard if already included in company brochure)

From the Transferee

• Resume
• Diploma
• Employment verification letter from the foreign company
• Board resolution or appointment documents verifying the transfer
• Any other documents showing transferee's capability to conduct business in the executive position.

Additional InformationRequired:

The U.S. Company:
Business Name: ______________________________________________
Business Address: ______________________________________________

Tel: _______________________ Fax: _______________________
IRS Tax #: _______________________________________________
Type of business: _________________________________________
Year established: _________________________________________
Current number of employees: _______________________________
Gross annual income: ______________________________________
Net annual income: ________________________________________
Name and Title of the Officer who will sign the petition documents
Name: __________________________________
Title: ___________________________________

Employee:

Last Name _________________ First Name ________________ Middle Name _______
Date of Birth (mm/dd/yy) ________________ Country of Birth ________________
Social Security Number (if applicable) ________________ A# (if applicable) _________
If in the U.S.:
Date of Arrival (mm/dd/yy)________________
I-94# __________________________________
Current Nonimmigrant Status _______________
Expires on (mm/dd/yy) ____________________
Foreign address _____________________________________________

Employment

Job Title ______________________________________
Non-technical description of the job offered ____________________________________
Address where the employee will work (if different than Part I.)
____________________________________________
____________________________________________
____________________________________________
Is this a full time employment?
___ Yes.___ No. Hours per week ______
Wages per week or per year ____________________
Other compensation (Explain) ________________________
___________________________________________________
___________________________________________________
Value per week or per year ____________________________
Dates of intended employment: From ___________ To _____________

Supplement Information for L-1 (I-129 Supplement L)

List the alien's and any dependent family members' prior period of stay in L classification in the US for the last seven years. Only list the period that the alien or the family member was actually in U.S.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Name and address of employer abroad ______________________________________________________________________

Dates of alien's employment with the employer _________________________________
Describe of the alien's duties for the past 3 years
______________________________________________________________
_______________________________________________________________
Describe of the alien's duties prospective period of employment in U.S.
__________________________________________________________
_________________________________________________________

L-1 Blanket Petitions

 Oftentimes very large companies will transfer many employees to the United States using the L-1A visa program. In these situations, the company can file an L-1 Blanket Petition with USCIS to establish the required intra-company relationship necessary to gain L-1A visa approvals.

The approval of a blanket L petition does not guarantee that an employee will be automatically granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and on short notice, without having to file an individual petition with USCIS for each employee. In most cases, once the blanket petition has been approved, the employer only needs to complete Form I-129S and send it abroad to the employee along with a copy of the blanket petition approval notice and other required evidence so that he or she may present it to a U.S. Consular Office and apply for an L-1 visa.

In order to establish eligibility for blanket L certification, the employer must prove the following:

• Each qualifying organization of the company must be engaged in commercial trade or services.
• The company must already have an office in the United States that has been operating for at least one year.
• The company must have at least three domestic/foreign branches, affiliates or subsidiaries,
• In addition, the company must meet one of the following:
1. The company must have obtained a minimum of 10 L-1 approvals in the 12 month period prior to filing a blanket petition
2. The company and its U.S. subsidiary and affiliates must have combined annual sales of at least $25 million dollars.
3. The company has a workforce in the United States of at least 1,000 employees.

The petitioning employer will be provided the approval of their blanket petition on Form I-797, Notice of Action and an alien seeking admission into the U.S. under the blanket I-L must present a copy of this form at a port of entry.

The initial validity of an approved blanket petition is three years, but the petitioner can file for an extension of the blanket petition for up to seven years. If they fail to do so, or USCIS denies the extension, the petitioner may not file a new blanket petition for three years. An L-1A non-immigrant initially seeking admission under a blanket petition may be admitted for a period of three years even if the initial validity of the blanket petition expires before the end of that three year period.

Obtain and Maintain an L Status

 or L-1 Visa holders, like any other visa holder, requests for admission to the United States are made at the border upon arrival at a U.S. port of entry. Obtaining a visa to enter the United States does not guarantee that a foreign national will be allowed entry and thus obtain a valid immigrant or non-immigrant status. The immigration officer has the authority to deny admission to a foreign national even if a visa has been issued. However, such denial rarely occurs in the case of L-1 visa holders. For more information on the difference between a visa and status, 

The alien seeking admission must have a valid passport with an L visa stamp. The alien should also have the approval notice of the L-1 petition, a copy of the petition, and supporting letter with them at the entry port.

If the immigration officer decides to admit the visa holder, the officer will place a stamp in the passport noting the admission and the period of authorized stay. The immigration officer will also annotate Form I-94, or an Arrival and Departure Record. This form is issued to every foreign national entering the United States and contains information about the alien’s legal authorized stay in the country and type of the authorized stay. For more information on the I-94 form, please see the U.S. Customs and Border Protection’s web page. After an I-94 has been issued, the L visa holder obtains L Status in the United States for the authorized period.

In order to maintain valid L status during their stay in the United States, the alien may not engage in unlawful employment. This means that alien must work for the employer that petitioned for their L status and in the capacity specified in the petition letter and cannot work for another employer. For L-1A this means in a managerial or executive capacity and for L-1B this means in a specialized knowledge capacity. An alien in L status may attend an academic institution without explicit approval from the USCIS if such enrollment is limited and incidental to the authorized employment.

If an alien in L status would like to stay in the United States longer than what their authorized stay allows at that time, they need to file an extension request with the USCIS before their authorized stay expires. Failure to do so will jeopardize their stay and future re-entry into the United States.

From L-1A Status to Green Card

 Although the L-1 visa is a temporary, employment based non-immigrant visa, it is also a “dual intent” visa, meaning that an L-1 visa holder and their dependents may apply for permanent residency without jeopardizing their L visa status or visa applications from a US consular office abroad.

A specific employment-based immigrant preference category (EB-1C) was created for managers and executives who meet the L-1 standards and are interested in becoming lawful permanent residents.

The EB-1 category, or first preference immigration petition, is an employment-based petition for permanent residence reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. The first preference category is allotted 40,000 annual visas. For more information on the different types of EB-1 visas, 

The EB-1C immigrant petition requirements are almost identical to those of the L-1A non-immigrant petition requirements:

• The candidate must have been employed for one year within the past three years by the overseas affiliate, parent, subsidiary or branch of the U.S. employer and he or she must work in the United States in a managerial or executive capacity.
• The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods and services.
• The company must have been in existence in the United States for at least one year.

Although L-1 status is not a prerequisite for immigrant benefits in this category, it provides a stronger case when the beneficiary was in an L visa category previously. Many L-1A holders are able to smoothly transition into an EB-1C permanent resident status. The most notable advantage of seeking a green card through the EB-1 category is that labor certification is not necessary for the petitioner. Obtaining a labor certification is a time-consuming and expensive process that seeks to determine whether a qualified U.S. worker is available to fill the position sought by the petitioning employer on behalf of their alien employee. For more information on the labor certification process, Moreover, the immigrant visa numbers are always available for EB-1 category.

Briefly, the procedure for obtaining a green card through the EB-1C category is as follows:

1. The employer files Form I-140, the Petition for an Alien Worker with USCIS.
2. Upon approval of the I-140, the alien beneficiary files for Adjustment of Status, Form I-485, if they are already in the U.S. For more information about Adjustment of Status, please click here. If the alien is outside of the U.S., they will need to go through consular processing to get their immigrant visa. For more information on consular processing,

For an alien in L-1B status, he/she may apply for a Green Card as a skilled worker, which requires an approved labor certification. If circumstances allow, he/she may apply under the EB-1(a), EB-1(b), or NIW categories, for which a labor certification is not required.

Of course, other channels for obtaining a green card, such as family based immigration, are also available to alien in L-1 status. For more information on gaining permanent residency, commonly known as getting a green card,.

The Impact of Employment-Based Adjustment of Status Filing on L-1A Status

General Introduction

Adjustment of Status (AOS) is a process whereby an alien who is physically in the United States adjusts his/her non-immigrant status to immigrant status (i.e. permanent resident status). First, an immigration petition (Form I-140) must be filed to establish the alien’s eligibility to immigrate. An immigration petition (Form I-140 in the employment based immigration situation) is a major step on the road to getting a green card. In most situations, this document is filed by the employer on behalf of an alien worker, although for instance an alien may apply for a NIW or an EB-1A on their own without an employer’s sponsorship.

In the past, the INS (now called the USCIS) allowed an alien petitioning for permanent residency on the basis of their employment based immigration petition (I-140) to file for I-485 adjustment of status application only after his or her I-140 immigration petition was approved. However, effective July 31, 2002, the USCIS allows the concurrent filing of an I-485 adjustment of status application with an I-140 immigration petition (EB-1, EB-2, and EB-3), if the immigrant visa number is available to them.

The basic benefit of applying for employment-based adjustment of status is that the alien has reached the final step in getting a Green Card. Once they can get their I-485 approved, they will become a permanent resident of the United States. In addition, there are four other major benefits:

1. The alien may simultaneously apply for Advanced Parole (AP), a document that allows the alien to travel abroad during the pending period of the AOS application without abandoning the application.
2. The alien may apply for an Employment Authorization Document (EAD), which allows the alien to work for any employer in the U.S. during the pending period of their AOS application.
3. An alien whose I-485 is employer sponsored (i.e. EB-1B, EB-1C, EB-2 and EB-3), may change employers 180 days after the filing of adjustment of status or the approval of the I-140 petition, whichever is later. This is thanks to the “portability rule,” which allows this as long as the new job is in the same or similar occupational classification as the job for which the original petition was filed
4. The alien has legal pending status to stay in the U.S. lawfully while waiting for the adjustment of their case. This is a major advantage utilized by many who do not have legal status at the time of filing.

Benefits and risks presented by Advance Parole, EAD, and the Portability Rule

Advanced Parole(AP)

An L-1A status holder may submit I-485 application for adjustment of status after his/her I-140 immigration petition is approved or concurrently filed with the I-140 petition in some occasions. In the I-485 pending period, if they want to travel outside the United States, there are three ways they can legally re-enter the U.S.:

1. The alien may apply for a visa revalidation from the Department of State if they have an original L-1A visa that is valid for 60 days or less, or they have an original visa that expired within the past twelve (12) months. Once the visa is revalidated, the alien may travel abroad and come back to the U.S. using the revalidated visa. In this scenario, the USCIS will not consider the alien’s AOS application abandoned.
2. The alien may go to a third country or their home country to apply for an L-1A visa if they never had an original L-1A visa. Once the visa is issued, the alien can use it to come back to the U.S. without their AOS application being affected. However, in this scenario, the alien faces the risk of their visa application being denied and thus not being allowed back in to the U.S. To safeguard their return to the country the alien might want to take advantage of Advanced Parole, which will be discussed in the next paragraph.
3. The alien is entitled to apply for Advanced Parole to travel abroad as benefit associated with an AOS application. Once approved, the Advanced Parole allows the alien to travel abroad and re-enter the U.S. After being paroled in, the alien can still change back to their L-1A status in the sense that they can still apply for an extension of their L-1A status. The alien simply must resume employment with the same employer for whom they had previously been authorized to work as an L-1A non-immigrant. In this scenario, the approval of that extension would enable the alien to re-enter the U.S. on L-1A status if they travel abroad in the future.

However, if after being paroled in the alien changes employer,, he or she may no longer resume a valid L-1A  non-immigrant status, even though they can still lawfully stay in the U.S. during the I-485 pending period. Thus, if the alien's I-485 application is denied, they may not be able to lawfully stay in the U.S. as non-immigrant thereafter.

Employment Authorization Document (EAD)

For various reasons, an alien in L-1A status may want to apply for EAD, and they can do so along with the I-485 application either after their I-140 is approved or concurrently filed with I-140 application. However, for purposes of approval of the I-485, those who are on the L-1A status and whose AOS applications are employer-sponsored are required to prove their intent to work for the petitioning employer, even though their EAD technically does not restrict their employment.

If an L-1A holder decides to file for and obtain the EAD but never uses it to work, they are still in valid L-1A status and able to extend the L-1A as needed (up to the maximum allowable time on that status). The mere fact of obtaining the EAD does not affect one's status; only if the alien uses the EAD to take on another job or use the EAD to work for the current employer would they no longer be considered to be of L-1A status. Therefore, if an alien on L-1A status obtains an EAD and then goes to work for another employer or use it to work for their current employer while waiting for the completion of their AOS application, that action would effectively terminate the L-1A status of the beneficiary and they would have to file for AP to travel abroad and re-enter into the U.S. The alien in this situation would be admitted into the U.S. as parolee and no longer be considered as on L-1A status.

On the other hand, an L-1A holder who travels out of the United States and returns on advance parole is authorized to continue working for the petitioning L-1A employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the L-1A petition approval.

The Portability Rule

For all those aliens who are beneficiaries (or applicants) of employer-sponsored I-140s, namely, EB-1B, EB-1C EB-2 (except NIW) and all EB-3, current immigration law allows them to change employers 180 days after the DATE of filing of I-485 AOS. This has been called the portability rule.

If the alien who is on L-1A status files I-485 application after their  employer-sponsored I-140 is approved, they  can take advantage of the portability rule ( i.e., they are allowed to change employers 180 days after the date of filing of I-485). In this situation, if the new employer petitions L-1A status for the alien, they will be on new L-1A status, which will maintain their lawful stay in the U.S. as non-immigrant even if the I-485 application is denied.

However, if the new employer does not petition L-1A for the alien and the alien applies and uses EAD to work for the new employer, they are not considered to be maintaining L-1A status.Rather, they are considered to be inI-485 pending status. Thus, if their I-485 application gets denied the alien cannot stay lawfully in the U.S. as non-immigrant.

If the alien who is on L-1A status files I-485 application concurrently with their employer-sponsored I-140, the risk posed by taking advantage of the portability rule is much higher. That is to say, if the alien changes employer 180 days after the date of filing of I-485 without theirI-140 being approved, the original employer that sponsored the I-140 may withdraw sponsorship, which would practically terminate the I-140 and I-485 application. In this situation, a serious problem may arise if the alien already applied and used an EAD to work for the new employer or applied and used Advanced Parole to re-enter the U.S., because they have already been considered to be abandoning their L-1A status and to be on I-485 pending status. This status does not allow them to stay lawfully in the U.S. as a non-immigrant after the I-485 application is terminated.

Suggestions for L-1A Holders

Considering the benefits and risks presented by Advanced Parole, EAD, and the Portability Rule, we have the following suggestions to L-1A holders who are in various situations:

L-1A holders whose I-140 petitions are not employer-sponsored

For those aliens who are on L-1A status and whose I-140 isnot employer-sponsored, i.e., EB-1A and EB-2 (NIW), it is advisable to keep L-1A non-immigrant status during the I-485 pending period so that even in the case the I-485 application gets denied, the alien can still lawfully stay in the United States.

To maintain their L-1A status, aliens are suggested to use an L-1A visa (obtained through the visa revalidation process or consular process) to re-enter the U.S. after traveling abroad. To safeguard their return to the U.S., aliens should apply for Advanced Parole before their departure. Once they are paroled in, aliens need to resume employment with the same employer for whom they had previously been authorized to work as L-1A non-immigrant. Otherwise they will lose their L-1A status.

Aliens are also suggested not to use an EAD to work for current or new employers since doing so would make them no longer on L-1A status. On the other hand, aliens are encouraged to apply for an EAD along with their I-485 application, which would enable them to work in the case they are laid off by their current employer and their new employer is unwilling to petition for L-1A status on their behalf.

As to the portability rule, aliens under this category do not need the benefit contained therein because their I-140s are not employer sponsored. Therefore, they are free to change employers without being subject to the 180-day time frame and they are still considered to be on their L-1A status as long as a new L-1A petition is filed by their new employer.

L-1A holders whose I-140 petitions are employer-sponsored

For those aliens who are on L-1A status and whose I-140 is employer-sponsored, i.e., EB-1C, it is also advisable to keep L-1A non-immigrant status during the I-485 pending period, which will allow them to lawfully stay in the U.S. even in the case that their I-485 application gets denied.

To maintain their L-1A status, aliens under this category are suggested to utilize Advanced Parole and EADs in the same way as those whose I-140s are not employer-sponsored, as discussed in the section above.

With regard to the portability rule, we strongly suggest that aliens under this category wait for the approval of their I-140 before changing employer. If an alien feels like they really need to change employers before the approval of I-140, we have two suggestions: One is to strictly follow the 180-day rule, i.e., to change employer (if they really feel like to). In other words, to be sure to change employers 180 days after I-485 is filed. The other suggestion is to be sure to ask the new employer to file a new L-1A for them before they leave their current employer, so that they will still have valid L-1A status during the I-485 pending period.

Brief Information on Recapturing Time on an L-1 Visa

 In October of 2005, the USCIS released a memo titled “Procedures for Calculating Maximum Period of Stay Regarding the Limitations on Admission for H-1B and L-1 Nonimmigrants” that addressed the issue of recapturing time spent outside the United States while on H-1B or L-1 status. According to the memo, “any days spent outside of the United States during the validity period of an H-1B or L-1 petition will not be counted toward the maximum period of stay in the United States in H-1B or L-1 status, provided that the alien is able to submit independent documentary evidence establishing that he or she was in fact physically outside of the United States during the day(s) for which the alien is seeking to“recapture.” In addition, any L-2 dependents of L-1 nonimmigrants are also eligible to recapture any time that the principle alien recaptures. 

The maximum period of time an alien can remain in the United States on L-1A or L-1B status is seven years and five years, respectively. Following the expiration of their L-1 status, an alien may not be re-admitted to the United States on another L-1 visa or some other kind of visa unless they have lived outside of the United States for at least one year. However, the law provides that during this time period, only time spent physically in the United States counts towards that maximum. Thus, when an alien requests an extension of their L-1 status, they can also “request that full days spent outside the U.S. during the period of petition validity be recaptured and added back to his or her total maximum period of stay.” A full day in this case is defined as 24 hours and the reason for travel is not relevant to the extension petition. Any trip of at least one 24 hour day outside of the country, for any purpose whether it be business or pleasure, is eligible to be recaptured.

In order to recapture time, the L-1 petitioner and/or beneficiary is required to submit evidence documenting the period of physical presence outside the United States to the USCIS. This is submitted along with an L-1A or L-1B extension petition. The USCIS notes that “while petitioners often submit a summary and/or charts of travel and the number of days spent out of the United States,” petitioners are also required to submit evidence such as photocopies of passport stamps and I-94 arrival-departure records that clearly demonstrate when they were out of the country. An alien will not be granted an extension of stay for periods of time that are not supported by documentary evidence and the USCIS will not send a Request for Evidence (RFE) for any claimed periods unsupported by evidence.

Don’t Confuse L-1 and E-1/E-2

The L-1 visa program for multinational intra-company transferees shares certain common characteristics with the E visa program for treaty traders and investors that might cause confusion. However, it is important to understand the requirements for each visa as there are significant differences between the two. 

Please visit the respective L-1 and E-1/E-2 web pages for more detailed information on both visas beyond what is provided in this article.

1. Qualifications

Both L-1 and E visas are used by aliens who are seeking to work in the United States for business-related reasons. In the case of L-1, a United States employer petitions on behalf of an alien employee of an overseas parent, branch, subsidiary or affiliate of their company. This employee must have been employed with that parent, branch, subsidiary or affiliate in an executive, managerial, or specialized knowledge position prior to coming to the United States. An L-1 worker can come from any foreign country so long as they meet the specific L-1 requirements. In comparison, employees of treaty traders and investors seeking an E-1 or E-2 must be employed in an executive, supervisory, or specialized knowledge position, just as an L-1 would.

However there are key differences between the qualifications for L-1 and E-1/E-2. For E visas, foreign business owners, business managers, and employees of treaty traders and investors may come to the United States to oversee or work for an enterprise that is engaged in trade with the United States or who have a substantial investment in the United States. This first obvious difference is the requirement that their company be engaged in trade with the United States or that they have substantial investments. This is not a requirement for L-1, since, in order for companies to qualify, they must simply be a parent, branch, subsidiary, or affiliate of a United States company. L-1 employees often come to the United States to open up or oversee a branch of their company in the United States. There is no specified requirement for any trade or investment as there is for E-1/E-2.

Secondly, the E visa program originated from treaty requirements between the U.S. and certain foreign countries. Each country must provide for reciprocal benefits for those who conduct trade with or invest in the other country. As such, E-1/E-2 are only available to nationals of those countries where a bilateral investment treaty or treaty of commerce and navigation exist. There is no such requirement for L-1, where theoretically any company from any country could qualify.

2. Time Limits

A second major difference between L-1 and E-1/E-2 are the time limitations for each status. The maximum period of stay for an E-1 or E-2 is much more flexible than the max time period for an L-1. There are two different kinds of L-1 visas: L-1A for executive and managerial transferees and L-1B for employees with specialized knowledge. L-1A visas are issued initially for one year for a new company in the U.S. or three years for a U.S. company which has been in existence for more than one year. Extensions for L-1A beyond the initial period of stay are available in two-year increments for a total stay not to exceed seven years. Alternatively, L-1B visas are issued initially for three years with the option for one two-year extension, meaning the maximum period of stay is five years. Once an L-1A or L-1B holder has reached their maximum allowable period, they must leave the United States for a minimum of one year and must work for a foreign operation of the U.S. company before they are eligible to reapply for another L visa.

By contrast, an E-1 or E-2 status holder is granted an initial period of stay of up to two years. Extensions of stay can be granted by the USCIS for increments of up to 2 years. There is no limit on how many times an E visa holder can extend their stay, so theoretically they could legally remain in the U.S. on E-1 or E-2 status indefinitely. Extensions are granted as long as the E status holder declares that they will depart the United States when the period of authorized stay (including extensions) terminates.

3. Pathway To Permanent Resident Status

L-1(a) status provides a relatively easy pathway to permanent resident status, compared to many other employment based non-immigrant statuses. Since the L-1 visa is a dual intent visa, any L-1 status holder may apply for permanent resident status at any time in period of legal stay (including immediately upon entry to the United States) without worrying about preconceived intent issues. In addition to being dual intent, a specific employment based immigrant preference category (EB-1C) was created for executives and managers that meet the L-1A standards and are interested in gaining lawful permanent resident status. Although L-1 status is not a prerequisite for immigrant benefits in this category, it provides a stronger case when the beneficiary was in an L visa category previously. Many L-1A holders are able to smoothly transition into an EB-1C permanent resident status. For more information on the specific requirements for gaining an EB-1C visa,

On the other hand, the path to permanent resident status from E-1 or E-2 is not as easy as from L-1. Since E visas are not dual intent, consular officers or the USCIS want to make sure E visa holders do not actually intend to enter the U.S. permanently. If a non-immigrant on an E visa attempted to apply for an immigration petition soon after their arrival in the United States, their application would be considered fraudulent or based on preconceived intent and be denied. An E-1 or E-2 visa holder, when applying for extensions of status, must prove to the USCIS that they intend to depart the United States when their legal status ends.

4. Types of Applicants

Both E and L visas may be used by companies to expand their business in the United States. However, there are differences between what kinds of companies use what kind of visa. Generally, E visas are mainly used by small business while L-1 visas are used by all types of businesses- big, medium, and small. Although there is a minimum threshold for the amount of capital invested in the United States by the foreign company applying for an E visa, generally the visa is sought by smaller companies seeking to send employees to help grow their business. However, while an L-1 visa can most certainly be used by small companies to send employees to the United States to start a new branch office, it is also commonly used by large, international companies who may want to rotate executives or managers through their international offices. There is also much less necessary documentation for large companies applying for L-1 visas, as if the company is well known the USCIS will not scrutinize their application as much as they would a smaller company.

5. Application Process

In some instances the application process for both L-1 visas and E visas are nearly identical. When initially applying for the visa, both L-1s and E-1/E2s can either apply at a U.S. consulate abroad or on an I-129 form with the USCIS (if they are already present in the United States). When changing status or applying for an extension of status, again both L-1 and E visa holders will apply on an I-129 form with the USCIS. The major difference, however, is at their initial visa application. For an L-1 visa application, whether or not the beneficiary is applying at a consulate abroad or is changing status from within the United States, their employer must send an L petition to the USCIS. Only once the USCIS has approved the application may the beneficiary proceed to the consulate to obtain their visa. By contrast, an E-1/E-2 visa applicant may simply apply with the Department of State at a consulate, without a separate USCIS application of I-129.

Although at first glance they may be easy to confused, as we have outlined above there are several key differences between L-1 and E-1/E-2 visas that are important to keep in mind. There are many different options available to foreign businesses, employees, and investors who wish to come to the United States to grow their companies. Depending on a company’s needs, L-1 or E-2/E-2 could be the correct choice. Zhang and Attorneys can help you determine which visa is right for your situation.