LAW OFFICE OF JIMENA G. CABRERA
SPECIALIZING EXCLUSIVELY IN IMMIGRATION LAW
EB-5 INVESTOR REPRESENTATION
L-1 visas are used by companies to facilitate the transfer of certain employees to the United States to continue work with the same employer, its parent, or a branch, subsidiary, or affiliate.
In addition to meeting other requirements, L-1A and L-1B visa applicants must have worked for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States. Generally, employers seeking to sponsor an individual for an L-1A or L-1B visa must first file and obtain approval of an L-1A or L-1B petition with USCIS, unless USCIS has recognized the required intracompany relationship between the U.S. and overseas entity through the approval of a “blanket L” petition. In such cases, the L-1 applicant may proceed directly to a U.S. consulate to apply for a visa.
Under NAFTA, Canadian L-1 applicants may submit an L-1 petition and request admission to the United States with CBP at a Class A port of entry along the northern border or at a pre-clearance station in Canada.
PARENT, BRANCH, AFFILIATE AND SUBSIDIARY
The terms “parent,” “branch,” “affiliate,” and “subsidiary” are defined at 8 CFR 214.2(l)(1)(ii)(I–L):
(I) “Parent” means a firm, corporation, or other legal entity which has subsidiaries.
(J) “Branch” means an operating division or office of the same organization housed in a different location.
(K) “Subsidiary” means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
(L) “Affiliate” means:
(1) One of two subsidiaries both of which are owned and controlled by the same parent or individual, or
(2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or
(3) [relates solely to certain international accounting firms]
L-1A VISA FOR INTRA-COMPANY TRANSFER OF EXECUTIVES AND MANAGERS
Using the L-1A visa process, a company can transfer a qualified executive or manager to the United States to an existing or a newly created subsidiary.
To qualify for the L-1A Intracompany Transferee Executive or Manager, you must:
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
L-1B VISA FOR ALIENS WITH SPECIALIZED KNOWLEDGE
To qualify for the L-1B Intracompany Transferee Specialized Knowledge classification, you must:
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.