L-1A Manager or Executive Visa:
The L-1A Intracompany Transferee visa is issued for individuals who were employed for a minimum of one year during the past three years in a managerial or executive position in a foreign entity and who will be transferred to the U.S. branch, parent / subsidiary or an affiliated entity in a managerial or executive position. This individual can also be transferred to the U.S. for supervising the opening of a branch, parent / subsidiary, or an affiliated entity in the U.S.
In order to be eligible to apply for an L-1A visa, the following conditions must be present:
- The U.S. company must have a qualifying relationship with the foreign entity.
- The prospective L-1A visa applicant must have been employed by the foreign entity for a minimum of one continuous year prior to the L-1A visa application in a managerial or executive capacity.
- The L-1A visa applicant must be transferred to the U.S. to perform services in an executive or managerial capacity.
The L-1A visa is initially issued for a period of 3 years and can be extended in 2-year increments for a maximum period of 7 years. If the L-1A visa applicant is being transferred to the U.S. coming to the United States to supervise the opening of a “new office” (branch, parent / subsidiary, or affiliated entity) in the U.S., the L-1A visa will initially be issued for 1 year. All-time spent outside of the U.S. while in L status can be “recaptured” towards the end of the 7-year maximum stay.
Spouses of L-1A visa holders are given L-2 visa/status, and they are authorized to work in the U.S.
L-1B Specialized Knowledge Visa:
The L-1B Intracompany Transferee visa is issued for individuals who were employed for a minimum of one year during the past three years in a position requiring specialized knowledge in a foreign entity and who will be transferred to the U.S. branch, parent / subsidiary, or an affiliated entity in a specialized knowledge position.
The terms and conditions of L-1B visa are the same as the L-1A visa, except for 2 major differences;
1- The position does not need to be managerial. Rather, the prospective L-1B visa applicant must have been employed by the foreign entity for a minimum of one continuous year prior to the L-1B visa application in a capacity of specialized knowledge, and s/he must be transferred to the U.S. to perform services in a specialized knowledge capacity. This requires that the applicant possess a deep, specialized understanding and knowledge of the organization’s products and processes. Alternatively, the applicant must possess complex professional or technical expertise in addition to the unique knowledge of the organization’s services, strategies and / or management.
2- L-1B visa can be extended for a maximum period of 5 years.
Spouses of L-1B visa holders are given L-2 visa/status, and they are authorized to work in the U.S.
HOW WE CAN HELP YOU
The Kulen Law Firm provides one-stop-shop assistance and advice regarding L-1A and L-1B visas, including eligibility requirements, preparation of visa application packages, and business plans for consular, extension, or changes of status L-1 visa applications. Our legal services include advising on proper company type and setting up the U.S. company for new office L-1s.
