L Visas – FACT SHEET

What are L Visas?

L visas are used by companies to transfer employees from abroad into the United States.  The L visa is a great tool to transfer executives or managers.

The L-1A non-immigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  The employer must file a Form I-129, Petition for a Nonimmigrant Worker [http://www.uscis.gov/I-129], with fee, on behalf of the employee. From USCIS page L-1A Intracompany Transferee Executive or Manager

For the most recent updates on L Visas, see the USCIS website:
https://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

The following points are important considerations when planning an L Visa:

• Generally, it is easier to obtain an L-1A for an executive or manager, rather than an L-1B for a specialized knowledge employee;
• To qualify for the L visa, an employee must have been working for a minimum of one continuous year outside the U.S. for the sponsoring employer’s organization within the three years preceding the filing of the application;
• The sponsoring employer must establish a qualifying relationship with the organization abroad where the employee currently works. This would include that the foreign organization is a parent, subsidiary, branch, or affiliate of the U.S. company;
• Foreign companies can plant a new office in the U.S. and utilize the L visa strategy to transfer employees;
• L visa employees can bring spouse and children as dependents. L visa spouses can obtain work permits;
• L visa employees can possess both non-immigrant and immigrant intent. This would allow a Sponsor to petition for the employee’s green card;
• L visas are not subject to visa caps and there is no treaty requirement. This is a great alternative to H-1Bs or E visas.

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.  See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

New Offices

For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:

• The employer has secured sufficient physical premises to house the new office;
• The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
• The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

See 8 CFR 214.2(l)(3)(v) for details.

Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

Visa or Immigration Questions? Please Contact VERDIN Law

Two Locations: VERDIN Dallas, TX and VERDIN Plano, TX

Isaul Verdin has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.

Mr. Verdin focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields. These business opportunities include real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.

VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul Verdin, Founder and Managing Attorney

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