For a more general overview of the L-1 visa, please visit this page. L-1 Visa General Overview

L-1 Visa Requirements

There are two types of L1 Visas - the L-1A visa and the L-1B visa. The L-1A visa is designed for company executives or management, while the L-1B visa is designed for intra-company transfers of employees with specialized knowledge.

There are different requirements for each of these visas depending on the type of visa being sought.

General Requirements for the L1 Visa Petitioning Organization or Company

In general, the requirements for the petitioning organization or company are the same, regardless of whether or not the petitioner is seeking an L-1A or L-1B visa.

1) The petitioning organization or company must have a "qualifying relationship" with a foreign company. A qualifying relationship can be:

• Parent
• Branch Office
• Subsidiary
• Affiliate

2) The petitioning company must be doing business or plan to be doing business as an employer in the United States and in at least one other country, either directly or through another qualifying organization for the duration of the L1 visa beneficiary's stay in the United States.

L-1A Employee Requirements

An individual applying for an L-1A visa must have evidence of the following:

• The alien employee must have worked abroad for the foreign company for one out of the previous three years preceding the application for the L-1A visa.
• The employee must have worked in a managerial or executive position.
• The employee must be coming to the United States to work in either a managerial or executive position for a branch of the foreign company or otherwise qualifying entity.
• The employee must be qualified for the position by virtue of his experience and/or education.
• The employee must intend to depart the United States upon completion of his/her authorized stay.

L-1B Employee Requirements

L-1B applicants are not required to work as high level managers or executives. However, these individuals must display proof of having "specialized knowledge."

Based on memorandum issued by USCIS, an individual is determined as having specialized knowledge if they:

• Have knowledge of the petitioning organization's product, service, research, equipment, techniques, management or other interests and its application in international markets that is distinct from that normally found in the industry
• Have knowledge of or expertise in the petitioning organization's specific processes and procedures that is not commonly found in the industry and is more developed and advanced than that ordinarily found under the employer

In determining whether or not the knowledge by an employee is specialized enough for purposes of obtaining an L-1B visa, there are several criteria that we can look to. For example:

• Does the prospective visa beneficiary have knowledge of foreign operating conditions that is of significant value to the petitioning U.S. entity?
• Has the employee been employed abroad in a capacity involving assignments that have significantly improved the employee's productivity, image, financial position or competitiveness?
• Does the employee possess knowledge or skills concerning a certain area that are not easily transferred to another employee?
• Is the employee's knowledge or skills in a certain area of particular benefit to the petitioning organization's competitiveness in the marketplace?
• Is the employee's knowledge or skills in an especially sophisticated, complex or technical nature?

L-1A or L-1B Examples of Evidence

The following is a nonexhaustive list of evidence that may be included in an L-1A or L-1B visa application.

• Documentation of the employee's training, work experience, or education
• Evidence of the employee's potential impact if transferred to the petitioning organization
• Evidence that the employee has the requisite knowledge, skill set and ability to perform the proposed duties and tasks in the petitioning organization
• Contracts, statements of work, and other documentation showing that the employee possesses the requisite knowledge to perform the proposed duties and tasks
• Correspondence or evidence showing that the employee has been employed abroad in a particular capacity for the foreign entity for at least one year out of the past three prior to filing of the application
• Payroll documents, organizational charts, employee rosters or other similar documents showing the position the employee held in the foreign company

Sufficient Office Space Requirement

Foreign companies looking to send an employee to the United States in a managerial or executive role to establish a new office must provide documentation showing that they have obtained sufficient physical space for a new office. Examples of evidence that may be presented include signed lease agreements, mortgages or other proof of real estate acquisitions and business plans and documentation connecting the company with the acquired real estate. If the office space has not been acquired by either lease or purchase, additional documentation detailing how the office space was obtained must be included with the petition.

Further, any application must also show that the new U.S. office will support an executive or managerial role within one year of the underlying petition's approval.

Contact Pratt, Mong & Lee Houston Immigration Attorneys for more information about the L1 visa application process.