L-1 Multinational Transferee Overview
The L-1 nonimmigrant visa allows a U.S. company to transfer an executive, managerial, or specialized knowledge employee from one of its affiliated foreign offices to one of its offices in the United States.
General Requirements
- Qualifying Corporate Relationship: The sponsoring U.S. petitioner and the foreign employer of the multinational transferee must have a qualifying relationship and share at least 50% ownership – i.e., parent company, branch, subsidiary, or affiliate.
- Employment Abroad: The multinational transferee must have been employed at the qualifying foreign entity for at least 1 year in the last 3 years prior to the U.S. transfer.
- Offered U.S. Position :
L-1A Executives and Managers
The L-1A classification allows for top executives and managers to be transferred to the U.S. An executive is a top-level employee with broad latitude to make decisions for the company with little oversight. A manager supervises and controls the work of professional or supervisory-level subordinates or otherwise oversees a department, subdivision, function, or component of the organization.
L-1B Specialized Knowledge Professionals
The L-1B classification is for professional employees with specialized knowledge about the company’s internal process, product(s) or services that is unique to the company and that is not commonly found or readily available in the industry.
Key Features for L-1 Visa
- Immigration Status: Temporary, non-immigrant status. L-1 visa holder may have “dual intent” to work in the U.S. in L-1 status for a temporary period, and at the same time, apply for a green card to remain longer in the U.S. on a permanent basis.
- Period of Validity:
- L-1A: L-1A visa holders are authorized to stay and work in the U.S. for a maximum of 7 years.
- L-1B: L-1B visa holders are authorized to stay and work in the U.S. for a maximum of 5 years.
- Work Authorization for Applicant Spouse: A spouse of an L-1 visa holder received automatic work authorization and need not apply for a separate employment authorization document (EAD).
