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Eligibility Requirements For The L-1 Visa
The L-1 visa is one of our favorite visas, however, it has become the most difficult to obtain in 2021 and COVID did not help. Not only does it require a smaller investment than the EB-5, but it also allows you to apply for a Green Card after only one year of serving as an international executive or manager in the US. It has many benefits and is worth exploring.
Qualifying Relationship Between Entities
Parent
Any business entity which has subsidiaries is a parent. However, a subsidiary may own other subsidiaries and also be a parent, even though it has an ultimate parent.
Branch
An office or operating division of the same employer which is merely housed in a different location and is not established as a separate business entity is considered a branch.
Subsidiaries
Where a parent directly or indirectly owns more than half of the entity and has control; Where a parent directly or indirectly owns 50% of a 50-50 joint venture and has equal control and veto power; Where a parent directly or indirectly owns less than half of the entity but has control because the other stock is widely dispersed among minor shareholders.
Affiliate
Subsidiaries are affiliates of each other. The affiliate relationship is established by one of two subsidiaries both owned and controlled by the same parent or individual, or by two legal entities owned and controlled by the same group of individuals.
The Foreign entity and the U.S. entity must have a qualifying relationship and both entities must be currently conducting business. Qualifying organizations include a parent company, branch, subsidiary, or affiliate.
Another important note: both the foreign entity and the US entity must continue to do business throughout the duration of L1 status in the US. Doing business means the regular, systematic, and continuous provision of goods and/or services and does not include the mere presence of an agent or office.
Foreign Employment
You must have been employed in the foreign company as a manager or executive for at least one full year out of the previous three years.
Work Schedule
While it is best to have worked full-time, you don’t need to have been working full time, but on a regular basis for more than part-time. If you’ve been working part-time for several affiliated companies, you may be able to combine the part-time work to meet the one-year requirement.
Continuous Work
Before moving to the United States, you must have been working in a foreign country for the company for at least one continuous year out of the previous three years prior to submitting the L-1 intracompany transferee visa.
We understand this requirement is not possible for everyone to meet. If not, an E-2 treaty investor visa may be the better choice of visa for you. Feel free to give us a call at (619) 677-5727 if you have any questions.
Executive or Manager Position Requirements
Executive Capacity
Directs management, establishes goals, makes decisions
Managerial Capacity
Supervises professionals, hires/fires, manages functions
Specialized Knowledge
Complex understanding of company operations or products
You must have been an executive or high-level manager of the company abroad and be entering to serve as an executive or manager for the US company. As an alternative, you may have been a worker with specialized knowledge (L1B Visa). You do not have to be transferred into the exact same position you held while abroad, but you must continue to work in a managerial, executive, or specialized knowledge position. USCIS is very strict with regard to the definition of executive or manager.
Executive capacity means an assignment within an organization in which the employee primarily directs the management of the organization or a major component or function; establishes the goals and policies; exercises wide latitude in discretionary decision-making; and receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
A Manager manages the organization, or a department, subdivision, function, or component; supervises and controls the work of other supervisory, professional, or managerial employees; has the authority to hire and fire; and exercises discretion over the day-to-day operations.
Important Note: A manager or executive of a company will be able to remain in the United States up to 7 years. A person with specialized knowledge will be limited to a total of 5 years and also be unable to obtain an EB1 or EP1 Green Card.
Physical Office Space Requirement
Business Operations
The new or existing branch, subsidiary, or affiliate office must have secured sufficient physical premises to house the new office and the intended US office will support an executive or managerial position within one year.
Sufficient Physical Premises
A sufficient amount of physical space must be secured for the office or location in the U.S.
Home Office Restrictions
A home office generally does not count as an office space under the conditions of the L-1 intracompany transferee visa.
New Office Requirements
Establish New Office
f you are an executive or upper-level manager opening a new branch, subsidiary, or affiliate office within the United States, you have one year in order to get your new business up and running.
Develop Business Operations
During the first year, you must establish active business operations that will support an executive or managerial position.
Renew L-1 Visa
After one year, the L-1 intracompany transferee visa may be renewed if you can prove that your office is active and operating and requires the services of an executive or manager.
If you are opening a new office, it must be actively operating and supporting an executive or manager position within 1 year of the L-1 visa request. This may include hiring additional employees, producing a strong stream of revenue, or fulfilling contract orders.
Additional L-1 Visa Requirements
Intent to Depart
You must intend to depart from the United States once your L-1 intracompany transferee visa expires. (However, you do have the option to apply for a Green Card to stay in the country once you’ve held the L-1 visa for at least one year.)
Qualifications
You, the employee, must be qualified for your company position through past education or business experience.
Application Process
If you have any questions about the application process for the L-1 intracompany transferee visa, feel free to give us a call at (800) 820-8210. You may also learn more about the visa by watching one of our many videos as well as the other pages we have on this site.