Frequently Asked Questions about L–1 Status

Q. Who may obtain L–1 status?

A. L–1 status is available to a person who has worked abroad for one continuous year within the preceding three years in an executive, managerial or specialized knowledge capacity and is being transferred temporarily to the U.S. to work in an executive, managerial or specialized knowledge capacity for a parent, affiliate, subsidiary, or branch in the U.S.

Q. Who qualifies as an L–1A executive?

A. An executive is an employee who primarily:

• Directs the management of an organization or a major component or function of the organization.
• Establishes the goals and policies of the organization, component, or function.
• Exercises wide latitude in discretionary decision–making and receives only general direction from more senior executives, the board of directors or the organization’s shareholders.

Q. Who qualifies as an L–1A manager?

A. A manager is an employee who primarily:

• Manages the organization, or a department, sub–division, function, or component of the organization.
• Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization or a department or subdivision of the organization.
• Has the authority where directly supervising one or more employees to hire and fire, or recommend those as well as other personnel actions (such as promotion and leave authorization).
• Manages an essential function instead of supervising other employees and operates at a senior level within the organizational hierarchy or with respect to the function being managed.
• Exercises discretion over the day–to–day operations of that function.
• Spends most of his or her time performing managerial or executive duties rather than producing a product or providing a service.
• Supervises professionals if a first–line supervisor.

Q. Who qualifies as an employee with specialized knowledge?

A. An employee who possesses specialized knowledge of:

• The organization’s product, service, research, equipment, techniques, management or other interests and its application in international markets.
• Has advanced level of knowledge or expertise in the organization’s processes and procedures.
• The specialized or advanced knowledge possessed should be different from that generally found in the particular industry.
• Specialized knowledge above should be “noteworthy or uncommon”.
• Specialized knowledge does not need to be proprietary or unique, but knowledge of the company’s processes and procedures must be advanced.
• Even though the legal requirement is that the beneficiary must have one year of experience with the foreign affiliate to obtain L–1 status, an employee with only one year of experience is unlikely to qualify for an L based on specialized knowledge.

Q. How do you file for L–1 status?

A. The employer must file an L–1 petition (Form I–129 and L Supplement) with the U.S. Citizenship and Immigration Services (USCIS). Upon approval by the USCIS, the transferee, if outside the United States, may apply for an L–1 visa at a U.S. Consulate. Certain large employers may obtain a “Blanket” L–1 petition. An approved blanket petition allows intracompany transferees to apply for the L–1 visa directly at a consulate, without first obtaining an approved individual L–1 petition from USCIS

Q. What are the fees for filing an L–1 petition?

A. The USCIS filing fee is currently U.S. $325. Employers must also pay a $500 “Anti–Fraud Fee” for the initial petition filed on behalf of any particular employee.

Q. What documents does the USCIS require for the L–1 petition?

A. The basic documentation will always include:

• Documentation that establishes a qualifying corporate relationship exists between the foreign affiliate and the U.S. company
• Documentation that establishes that the transferee was employed by the overseas company in a managerial, executive or specialized knowledge capacity for at least one continuous year within the past three years
• Documentation that establishes transferee will be employed in a managerial, executive or specialized knowledge capacity by a related company in the U.S.

Q. How long does this process take?

A. Although the USCIS is supposed to adjudicate L petitions in 30 days, it often takes up to 3 months. Premium processing (for an additional $1225 fee) is available and ensures adjudication (not necessarily approval) in 15 days. Upon approval of the L petition by the USCIS, the employee will seek a visa from a U.S. Consulate as, more often than not, the employee is outside of the country. Obtaining an L visa at a U.S. Consulate can vary from a few days to several months depending upon the U.S. Consulate where the application is made and the country of citizenship of the applicant.

Q. How long may an individual remain in L–1 status?

A. A manager or executive may remain in the U.S. for up to seven years. A specialized knowledge employee may remain in the U.S. for up to five years.

Q. Is there a certain salary that must be paid to an L–1 employee?

A. There is no specific required salary.

Q. May an L–1 employee be employed by more than one company in the U.S.?

A. The employee may work for another company as long as the company has the required qualifying relationship with the prior overseas employer and each has obtained approved L–1 petitions on behalf of this employee.

Q. What is the immigration status of an L–1 employee’s family in the U.S.?

A. A spouse and dependent children (unmarried children under the age of 21) of an L–1 employee are entitled to L–2 status. The spouse may work once he or she has obtained an employment authorization document, but the minor children may not.