L-1A and L-1B visa intracompany transferee executive
“Are you an entrepreneur? Do you want to open your own business in the U.S.? An L-1 might be the answer. Moreover, it might take a lot less money than you think.”— Brian D. Lerner, Business Immigration Lawyer
If you work at a company outside of the United States which has some type of branch or related office in the United States, you can come to the United States as an Intracompany Transferee on the L-1 visa. Do you need a nonimmigrant waiver?
This visa can be approved in as fast as two to three months. The visa can be extended for up to 7 years depending on the type of employee you are. You might be interested in the EB-5 for the Green Card.
A Manager can come to the U.S. in a branch office on the L-1A
If you are a manager, and later want to get your green card, you can quickly obtain your green card as a Multinational Manager. Otherwise, you would come in as ‘specialized knowledge’ on the L-1B.
With an L-1, you can apply for the Green Card
Otherwise, if you are not a manager, and decide you want your green card, you can apply for ‘Labor Certification’ while you have your Intracompany Transferee Visa.
Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.
The L-1A and the L-1B
There are two major types of L Visa. Firstly, is the L1A which are managerial and executive in nature. Secondly, the other type would be the L1B which deals with intracompany transferees that have what is known as ‘specialized knowledge’.
“After the L-1, you might qualify for the EB-1A Multinational Manager for the Green Card.”—Brian D. Lerner, Immigration Lawyer
The bar will not apply if the satisfactory performance of such off-site employment duties requires that the L-1B temporary worker must have specialized or advanced knowledge of the petitioning employer’s product, service, or other interests, as defined under current USCIS regulations.
General skills or duties that relate to ordinary business or work activities would not meet the test of whether specialized knowledge is required for the work.
There has been an increased level of scrutiny on the part of USCIS of L-1B petitions in general, and of L-1B petitions filed for workers in the information technology (IT) field in particular which coincided with the implementation of the 2004 law and its special restrictions on employers contracting L-1B workers out to unrelated third parties.
In some cases, USCIS adjudicators appear to be applying an outdated analysis of specialized knowledge, based on the law as it stood before amendments made by the 1990 Act