L-1 visa, L-1A v. & L-1B

What is an L-1 visa? L-1A v. L-1B?

An L-1 Visa is a type of nonimmigrant visa classification that allows a U.S. employer to transfer/move an executive or manager from a foreign office outside the U.S. into a U.S.-based domestic office. These employees who move are known as intra-company transfers, as while they are a professional moving from a foreign office to a U.S. one, they are still part of the same overarching company they already work for.

There are two types of L-1 Visas: L-1A and L-1B. L-1A involves the move of an executive or manager, and they are required to have job responsibilities related to oversight and control. The L-1B involves an individual with some form of specialized knowledge. In both cases, the employee must have been working for this qualifying organization for 1 continuous year within 3 years before entering the U.S.

There are certain qualifications that both the employer and the employee have to meet, and there are certain criteria the specific organization has to meet. The U.S. employer needs to have a “qualifying relationship” with a foreign company, and they must be “doing business” as a U.S. employer. This means the employer must do business in the U.S. and one other country for the time that the beneficiary—say, the manager/executive—stays in the U.S. as an L-1A. Both definitions of “doing business” and what acts as a “qualifying organization” are broad.

“Doing business” involves any routine/continuous provision of services and goods through a qualifying organization. Qualifying organizations can include business entities such as corporations, limited liability companies, partnerships, etc., but they can also include non-profit organizations.

These qualifying organizations need to have a qualifying relationship with a foreign company: a parent company, a branch, subsidiary, or affiliate. Depending on what category the organization falls into, there is different proof for “doing business” that is ultimately required.

For an L-1, no matter the type of relationship, you have to prove two things: ownership and control. USCIS defines ownership of over 50% of an organization as enough evidence of control, though there are several ways to prove control with less than 50%: this evidence will vary based on the type of organization, as well as the relationship between the different offices.

To apply for the visa, the U.S. employer must file a Form I-129, Petition for a Nonimmigrant Worker, for the employee.