L-1 Non-Immigrant Visas

• The L-1 visa is a useful vehicle for multi-national companies seeking to transfer high-level managers, executives and employees with specialized knowledge from overseas to provide services to a related entity in the U.S.
  
• This visa also allows an intracompany executive or manager to come to the U.S. to establish a new business.
  
• L-1 status is available to persons who have worked abroad for one continuous year within the preceding three years. Brief visits to the United States for business or pleasure do not interrupt the one year of employment abroad, but they do not count toward the fulfillment of the requirement.
  
• The employment abroad must have been in an executive, management, or specialized knowledge capacity. The L-1 transferee does not need to work in the United States in the same capacity as abroad. For example, a manager abroad could be transferred to the United States, in a specialized knowledge capacity, or vice versa.
  
• A 2002 memorandum issued by the USCIS reiterated and clarified the position on what constitutes specialized knowledge. The test for specialized knowledge tests on a product or process within a particular company. The alien should possess a type of specialized or advanced knowledge that is different from that generally found in the particular industry. The knowledge need not be proprietary or unique. Where the alien has specialized knowledge of the company or product, the knowledge must be noteworthy or uncommon.
  
• USCIS recognizes that a foreign national on L-1 status may have the dual intent of immigrating to the United States while still intending to comply with his or her non-immigrant status.
  
• The L-1 classification is petition based. The U.S. employer must file the petition on form I-129 with the “L” Supplement and approved by the USCIS before the foreign national can obtain an L-1 visa. The employers may utilize the premium processing program to expedite USCIS action on an L-1 petition.
  
• The L-1 status will only be valid for the period of the petition’s validity. Individual petitions may be granted for up to three years, with a possible two-year extension for all L employees and two-year extension beyond that for managers and executives.
  
• The L-1 blanket petition provisions permit intracompany employees to apply for L-1 visas directly at the U.S.Embassies abroad without the prior approval by USCIS of an individual petition. This is possible only when the prescribed requirements are met with.
  
• Spouses and minor children of L-1 nonimmigrant may enter the U.S. in L-2 status. L-2 status spouses only and not children are eligible for employment.
  
• After being admitted in L-2 status, the spouse of an L-1 nonimmigrant must apply to the USCIS for an Employment Authorization Document (EAD).
  
• The status of an L-2 dependant is subject to the same period of admission and limitations as the principal L-1 alien.