L-1 intra-company transferees are foreign workers who (1) have been employed outside the U.S. by an affiliate, subsidiary, branch or parent of a U.S. company (2) for at least one year in the three years preceding the filing of a petition or for at least one year within the three years preceding admission to the U.S. if filing the petition while the foreign worker is in the U.S., (3) in a capacity that qualifies as executive (L-1A), managerial or functional manager (L-1A) or specialized knowledge (L-1B), and (4) who will perform services for the U.S. company in one of these three categories as well
A person works in a managerial capacity if he/she:
a. Manages the organization, or a department, subdivision, function or component of the organization
b. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization
c. Has authority to hire and fire or recommend hiring and firing or other personnel actions (such as promotion and leave authorization) for employees directly supervised or, if no employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
d. Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.
A person works in an executive capacity if he/she:
a. Directs the management of the organization, major component, or function
b. Establishes goals and policies of the organization, component or function
c. Exercises wide latitude in discretionary decision-making; and
d. Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
An individual shall not be considered to be acting in a managerial or executive capacity merely on the basis of the number of employees that the individual supervises, has supervised, directs or has directed. When reviewing the petition, USCIS (U.S. Citizenship & Immigration Services) shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function.
Specialized knowledge is defined as follows:
a. Special knowledge possessed by the foreign worker of the company’s product, service, research, equipment, techniques, management, or other interests and its application in international markets; or
b. An advanced level of knowledge or expertise of processes and procedures of the company.
Admission to the U.S
The maximum authorized admission period for L-1A executives and managers is seven years. The initial period is typically granted for 3 years, with additional extensions in 2- year increments. However, the L-1B specialized knowledge alien is limited to five years. The initial period is granted for 3 years, with one 2-year extension. There is no presumption of immigrant intent for L-1 beneficiaries. Therefore, even though the individual may be in the U.S. for a temporary period, the position can be permanent in nature and permanent residency may be pursued.
New Office L-1
A qualifying organization that has been doing business in the U.S. for less than one year is classified as a “new office” and is subject to additional evidentiary requirements in order sponsor an L-1 employee. Documents such as the following should be submitted: a commercial lease to show it has adequate office space for operations; bank account statements or wire transfers to show that is has adequate funds to begin operations; information about the U.S. company including, the type of business, organizational structure, financial goals, and the size of the U.S. investment. The petition must also include information about the foreign company including the organizational structure and the financial ability of the company to support the U.S. company.
Under L-1 visa status, the employee is allowed to work for the petitioning company only (exception for “blanket L”). The employee’s dependent family members are eligible for L-2 status, and L-2 spouses may also apply for employment authorization. The employee must have an L-1 visa stamped in his/her passport for travel out of and return to the U.S. This application is done at U.S. consulates outside the United States and is referred to as visa consular processing.
L-1 Intracompany Transferee Document List
(your attorney will advise regarding what documents are required for your case)
Resume or CV (with detailed description of job duties and dates of employment)
Experience letter to document at least 1 year qualifying foreign employment (title, dates of employment and qualifications)
Organizational charts showing U.S. and foreign position, if manager or executive
Copies of diplomas, degrees, and certificates
Copies of Passport pages showing identity, passport expiration date, any U.S. visa stamps, any U.S. admittance stamps (same for any dependent family members – spouse and unmarried children under 21)
Evidence of current immigration status if in the U.S., such as copies of I-94 card, I-797 approval notices, EAD card, etc. (same for any dependent family members)
If you would like further information, please contact Foster LLP at 713-229-8733 (Houston), or at 512-478-9475 (Austin) or email a consultation request through our website at www.fosterglobal.com.
This article is made available for informational purposes only and does not constitute legal advice.
Primexx Operatng Corporaton was founded in 1960. The company is located in Dallas, Texas. Primexx Energy Partners Limited produces oil and natural gas.