Answering Business Owners’ FAQ on the L1 Visa
Our US Immigration Solicitors answer your questions on the L1 Visa and how to go about starting the petition process to support an employee transferring to your business on an L1 Visa.
US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Who can apply for an L1 Visa?
The L1 Visa is a non-immigrant visa enabling non-US companies to transfer a manager, executive, or person with specialized knowledge to a US company.
For the worker to qualify for the L1 Visa your US business must be a branch office, parent or subsidiary company or an affiliate of a non-US company.
Although the employee must meet the visa eligibility criteria, your US company must apply for the L1 Visa by filing a petition on the employee’s behalf. Your US company is therefore the petitioner and the L1 Visa holder is the visa beneficiary.
The two categories of L1 Visa
There are two L1 Visa categories:
- L1A Visa for employees who will work as managers or executives. The visa is valid for three years but can be extended for a total of seven years.
- L1B Visa for employees with specialized knowledge. The visa is valid for three years but can be extended for a total of five years
Both L1 Visa types are dual intent visas providing flexibility for employees and employers. With a dual intent visa, the worker can either use the Work Visa as a temporary way to live and work in the US or as a step in moving to the US permanently.
What are the salary requirements for the L1 Visa?
There is no minimum salary threshold for the L1 Visa but there are detailed and strict work eligibility criteria on what counts as a managerial or executive position and on the meaning of specialized knowledge for the L1B Visa.
What are the eligibility criteria for the L1 Visa?
There are four main eligibility criteria:
- Qualifying relationship between your US company and the non-US business
- Continuous employment - the employee transferring to your US business must have been continuously employed on a full-time basis by the non-US company for at least one year within the last three years before the L1 Visa petition
- Relevant previous position – the transferring employee must have been employed in a managerial, executive or specialized knowledge capacity by the non-US company
- Qualifying US employment – the worker’s role in your US business must be in a managerial, executive, or specialist capacity. The rules allow an employee to have worked in a managerial or executive capacity in a non-US company but to apply for an L1B Visa based on their new job role using specialist knowledge or to move from a non-US company where they were employed for their specialized knowledge to working in your US company in either a managerial or executive capacity
What is a qualifying company relationship between companies for an L1 Visa?
The qualifying relationship between the US and non-US companies must fall within one of these three categories:
- Parent or subsidiary company – defined as one company owning more than 50% of the other company or one company owning less than 50% but having control over the other company or a Joint Venture where the parent company has equal control but a power of veto over its subsidiary
- Branch office – same company but for the L1 Visa criteria the company has offices in different countries
- Affiliated company – defined as two companies that are owned and controlled by the same parent company or person or two companies owned and controlled by the same people but each person must own and control roughly the same proportion of each company. Some multi-national accounting businesses also meet the affiliated company criteria
There are also rules on the length of the qualifying relationship between the US and non-US companies. The relationship must be in place for the duration of the L1 Visa but the rules are more relaxed if your US company is classed as an existing business. If your US company is classed as a new business, then the non-US company the visa applicant worked for must remain in operation and continue a qualifying relationship with your US company. A company is treated as a new business if it has been in existence for less than one year.
What qualifies as continuous employment for the L1 Visa?
An L1 Visa worker must have been in full-time continuous employment by a non-US company for at least one year within the last three years before the US company files the petition. Full-time means at least 35 hours worked per week.
The employment must be continuous. Time spent in the US on holiday, business or working for a branch of the same employer or a parent, subsidiary or affiliated company does not count towards the one-year continuous employment rule but time spent in the US does not reset the clock.
What counts as employment in a managerial capacity?
An employee needs to have been employed by their non-US employer and by your US business in a managerial or executive capacity or have specialized knowledge. To qualify under the managerial capacity for work in your US company there will need to be sufficient staff or complexity of work to justify a managerial role as opposed to a quasi-managerial and part professional or design role.
Managerial capacity means an employee:
- Manages either the company or a department within the company or a particular function
- Supervises the work of other managerial employees or is responsible for the management of a business function
Normally a managerial role includes the authority to recruit or let workers go from their employment or the ability to make decisions at a senior level as well as the authority to use discretion in their managerial role. Supervision alone is not sufficient unless the worker is supervising professionals.
What counts as employment in an executive capacity?
Executive capacity employment involves activities such as:
- Having the ability to use discretion in decision-making and to only be supervised by, for example, the board of directors
- Directing the management of the company or a large department or function within the company
- Setting policies and company goals of either the company or a specific function within it
What counts as specialized knowledge?
The rules define specialized knowledge by reference to special knowledge of a company product and its application in international markets or an advanced knowledge of company processes and procedures. If you are uncertain if your employee's knowledge is special it is worth speaking to Immigration Solicitors to discuss if your employee’s skills and knowledge are more developed than other employees.
Immigration Attorneys can also advise on the documentation that will best support an L1 Visa petition. For example, details of the worker’s knowledge base and why the extent or specialization sets the employee apart.
What is a blanket L1 Visa?
Larger US companies regularly transferring employees to the US may benefit from a blanket L1 Visa. This bypasses the need for an individual company petition each time your US company wants to transfer an employee but the employee still needs to satisfy the employment criteria and meet the continuous employment rules.
To qualify for blanket certification, you must be able to demonstrate:
- Your US company and any parent company or subsidiaries are engaged in commercial trade or services
- Your US company has had a US office and has been doing business in the US for at least one year
- Your US company must have at least three US and non-US branches, subsidiaries or affiliates
- Your US company and qualifying organizations must meet specific size and sales criteria
How OTS Solicitors can help your company with L1 Visa applications
Our US Immigration Solicitors can assist with all your US business immigration and individual employee immigration and visa needs.
US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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