Szabo Law Group, P.A. Florida. Bankruptcy, immigration and real estate attorneys

L1 Visa – Requirements

Immigration Attorneys is USA

L1 Visa – Requirements

L1 Visa Requirements

Totality of the circumstances must be viewed, however the biggest factors are the following:

There has to be a relationship between the foreign entity and the United States company.

The individual employee who is transferring to the United States for work must have been employed by the foreign company full time (minimum of 35 hours / week – with some limited exceptions) for at least 1 continuous year in the last 3 years before applying for an L1 visa in the United States.

Time spent in the United States in lawful status for a branch or affiliate office of the same company and other brief trips will not interrupt the 1 year continuous employment requirement from the home company.

The work in the home country

Managerial or

Managerial means that you manage the company, organization, department within the company, subdivision or other parts of the company.

You control, supervise the work of others within the organization.

You have the power to decide over hiring and firing employees.

You are at the senior level in the company hierarchy.

You oversee the day to day activities of the company.
Please note that a first line supervisor may not be sufficient just by supervising, unless the people being supervised are considered to be professionals.

Executive or

You direct the management of the company or at least a major part of the entity.

You set goals and policies for the company.

You make large scale decisions over the company.

You only receive some basic and general supervision or direction from other higher level executives, directors, stockholders in the organization.

Specialized skill or knowledge capacity

“Special knowledge of the company product and its application in international markets or an advanced level of knowledge of processes and procedures of the company”(INA Section 214(c)(2)(b).

Special knowledge means something more than what the industry standards are, more than what most people know in the particular industry.

The work in the United States

Managerial or

Managerial means that you manage the company, organizations, department within the company, subdivision or other parts of the company.

You control, supervise the work of others within the organization.

You have the power to decide over hiring and firing employees.

You are at the senior level in the company hierarchy.

You run the day to day activities of the company. Please note that a first line supervisor may not be sufficient just by supervising, unless the people being supervised are considered to be professionals.

Executive or

You direct the management of the company or at least a major part of the entity.

You set goals and policies for the company.

You make large scale decisions over the company. You only receive some basic and general supervision or direction from other higher level execetuviews, directors, stockholders in the organization.

Specialized skill or knowledge capacity

“Special knowledge of the company product and its application in international markets or an advanced level of knowledge of processes and procedures of the company”(INA Section 214(c)(2)(b).

Special knowledge means something more than what the industry standards are, more than what most people know in the particular industry.

COMMON PROBLEMS with L1A and L1B

L1A

If the United States company is relatively small, USCIS will likely claim that you are focusing on the day to day actives of the company and that the company does not support a managerial or executive position.Recommendations to provide:

  • Organizational chart of the United States company.
  • Detailed breakdown of functions to be performed in the United States company and the amount of time to be spent on each task.
L1B

USCIS will likely claim that your knowledge is not different from any other persons, and therefore not specialized. Recommendations to provide:

  • Evidence of the number of years you have been performing a particular task.
  • How your knowledge and skills have benefitted the company in the past.
  • Proof and other evidence to prove that your qualifications are truly unique and that you have an extraordinary skill and vast knowledge.

Getting an approved L1 Visa petition is time consuming, highly technical and complex. If you have any questions about the process or your particular circumstances and need help finding out how you can immigrate to the United States, feel free to get in touch with us via phone +1 (954) 210-6054 or e-mail us at: info@szabolawgroup.com and we will do everything in our power to help you and your family move as quickly as possible and make the United States of America your home.