L1A and L1B visa
for transfer of temporary workers in the USA
L-1A and L-1B visas are available for temporary intracompany transferees who work in managerial positions or have specialized knowledge.
Eligibility
L-1A and L-1B visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States.
- The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.
- The L-1B visa is for intracompany transferees who work in positions requiring specialized knowledge.
Establishing New Offices
Foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office must show:
- They have a physical location for the new office;
- The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and
- The new office will support an executive or managerial position within one year of the approval of the petition.
L-1A Classification
The L-1A nonimmigrant 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. Your employer must file Form I-129, Petition for a Nonimmigrant Worker, with fee, on your behalf.
To qualify, you must:
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capacity generally refers to your ability to make a wide range of decisions without much oversight.
Managerial capacity generally refers to your ability 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 your 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.)
Your employer must also meet general qualifications.
L-1B classification
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests 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 a specialized knowledge employee to the United States to help establish one. Your employer must file Form I-129, Petition for a Nonimmigrant Worker, with fee, on your behalf.
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
- Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge either means knowledge you have about the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its applicationin international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. (See 8 CFR 214.2(l)(1)(ii)(D).)
Your employer must also meet general qualifications.
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