L-1 Visa Requirements: Step-by-Step Guide on the L-1 Requirements

The L-1 visa allows certain foreign workers to transfer from a foreign company to a US branch office, parent, subsidiary, or affiliate company.

In this guide, I will discuss the L-1 visa requirements.

1. Introduction to the L-1 Visa

The L-1 Visa is a non-immigrant visa which allows foreign companies to transfer a manager, executive, or person with specialized knowledge to a US company, offering several important benefits of the L-1 visa for multinational businesses and expanding organizations under the L-1 visa requirements.

2. Breakdown of 4 Main L-1 Visa Requirements

In order to get an L-1 visa, there are 4 main L-1 visa requirements:

• There must be a qualifying relationship between the foreign company and the US company as part of the L-1 visa requirements.

• The employee coming to work in the US must have been continuously employed full-time by the foreign company for at least 1 year within the last 3 years before filing the L-1 petition.

• The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity.

• The employee’s work for the US company must be in a managerial, executive, or specialized knowledge capacity under L-1 visa requirements.

3. Qualifying Relationship Between the Foreign Company and the US Company

The L-1 visa is for foreign companies to transfer certain workers to a US company. In order to get an L-1 visa, there must be a qualifying relationship between the foreign company and the US company, which is one of the most important L-1 visa requirements.

There are 3 types of relationships that qualify:

• Parent/Subsidiary

• Branch Office

• Affiliate

• For the definitions of branch office, affiliate, and parent/subsidiary, see my guide on the L-1 visa as part of understanding L-1 visa requirements.

How Long Should the Qualifying Relationship Last?

• A qualifying relationship between a foreign company and the US company must last for as long as the L-1 beneficiary stays in the US, as required under the L-1 visa requirements.

• If the US company has been doing business for longer than 1 year, the US company just needs to maintain a qualifying relationship with any foreign company. The relationship does not need to be with the L-1 beneficiary’s foreign company.

• If the US company has been doing business for less than a year, it is considered a new business and special L-1 visa requirements apply. The same foreign company that the L-1 beneficiary worked for must continue to operate and must maintain a qualifying relationship with the US company for the duration of the L-1 beneficiary’s stay in the US.

4. Continuous Employment with the Foreign Company for 1 Year

Another requirement for an L-1 visa is that the L-1 visa beneficiary must have been continuously employed by the foreign company, full-time, for at least 1 year within the last 3 years prior to filing the L-1 petition, which is a core part of L-1 visa requirements.

5. Employment with the Foreign Company Must be in a Managerial, Executive, or Specialized Knowledge Capacity

• Another requirement for an L-1 visa is that the L-1 visa beneficiary must have worked for their foreign employer as a manager, executive, or specialized knowledge worker, consistent with the L-1 visa requirements.

• Check out my guide on the L-1 visa to learn more about the specific L-1 definitions for managers, executives, and specialized knowledge workers.

• You can also email me and I’ll explain what each position involves.

6. The Employee’s Work for the US Company Must be in a Managerial, Executive, or Specialized Knowledge Capacity

• Another requirement to get an L- visa, is that the L-1 visa beneficiary must be coming to the US to work for the US company as a manager, executive, or specialized knowledge worker.

• The same definitions for managerial, executive, and specialized knowledge capacity apply for this requirement as for the previous requirement under L-1 visa requirements.

• Again, feel free to email me and/or check out my guide on the L-1 visa to figure out whether your position qualifies.

Quick Pointers on Managers, Executives, and Specialized Knowledge Workers

• If you plan to work in the US as a manager or executive, USCIS wants to see that you will primarily be working as a manager or executive. In order to prove this, you should show that other workers will be handling the day-to-day operations of the business and that you will be focusing on managerial and executive tasks.

• If you plan to work in the US as a specialized knowledge worker, USCIS wants to see that your knowledge is not commonly held. You should provide evidence of: 1. how long it took for you to acquire your special knowledge; 2. the value your knowledge will bring to the US company; and 3. how your knowledge is not commonly held.

7. Special Requirements for New Offices

• New offices are businesses that have been operating for less than 1 year.

• If the US business that you plan to work for is a new business, additional L-1 visa requirements must be satisfied, there are special rules that apply.

If you are coming to the new office to work as a manager or executive:

• You must show that there is a qualifying relationship between the US company and the foreign company, as required under the L-1 visa requirements for new offices.

• You must show that the US company has sufficient physical premises to operate, which is part of the L-1 visa requirements.

• You must show that your employment with the foreign company was in a managerial or executive capacity.

• The US company must also support a managerial or executive position within 1 year of your L-1 petition approval.

• Feel free to email me for more information on L-1 new offices at contact@ashoorilaw.com.

If you are coming to the new office to work as a specialized knowledge worker:

• You must show that there is a qualifying relationship between the US company and the foreign company that you worked for.

• There must be sufficient physical premises to operate the new office.

• The new office must have the financial ability to pay for the services of the L-1 visa beneficiary.

• The foreign company that you worked for must also continue to operate and maintain a qualifying relationship with the US company.

Please Note: If you are an owner or major stockholder of the company, you should include evidence that you will be in the US temporarily and that you will be transferred back to your foreign company following the completion of your work for the US company.

8. Conclusion

The L-1 visa is a great option for foreign workers to transfer to a related US company while meeting the applicable L-1 visa requirements.

There are 4 main L-1 visa requirements:

• There must be a qualifying relationship between the foreign company and the US company.

• The L-1 visa beneficiary must have been continuously employed by the foreign company, full-time, for at least 1 year within the last 3 years prior to filing the L-1 petition.

• The L-1 visa beneficiary’s employment with the foreign company must be as a manager, executive, or specialized knowledge worker.

• The L-1 visa beneficiary’s work for the US company must be as a manager, executive, or specialized knowledge worker.

If you have any questions regarding the L-1 Visa, or if you need help filing your L-1 visa petition, contact me directly via email at contact@ashoorilaw.com. I’d be happy to help you.

Ashoori Law is a full-service immigration law firm that helps working professionals get visas to the United States.

Resources:

• L1 Visa Guide: Everything You Need to Know About the L1 Visa

• Code of Federal Regulations Section 214.2(l)

• Business Immigration: Law and Practice, 2nd Ed. Chapter 11 L1 Visas and Nonimmigrant Status

• INA Section 214(c)(2)(B)