EB1C and L-1 Work Visas
Multinational Managers & Executives
L-1 Visas for Multinational Employees
Overview
L-1 Visas are often used by multinational companies to transfer senior employees from overseas parent companies (Parent Company), subsidiary companies (Subsidiary), or affiliate companies (Affiliate Company) to US branches. There are two main types of L-1 visas:
L-1A Visas
For transferring senior managers (managerial capacity) or senior executives (executive capacity)
L-1B Visas
For employees with specialized knowledge and skills that ordinary American workers do not have, often called a Specialized Knowledge Worker
Requirements for L1A visa for Executive Beneficiaries
1-Year Rule
L-1A alien workers must have worked full-time for the foreign company for at least 1 year in the 3 years prior to applying for the L-1 visa. USCIS will require the submission of payroll tax returns with the application to demonstrate this.
New office
If the L-1A employee will establish and manage a new office in the United States, the employer must show the corresponding investment and business plan to prove the leadership of the L-1A manager (the office must have subordinate employees)
Senior Position
L-1A employees must have held senior management positions in overseas companies. They must also hold senior management positions when they come to the United States.
Manage Others
L-1A managers perform the duties of managers. If USCIS finds that the administrator is responsible for both planning and execution, then USCIS will deny the application.
Organization Chart
Employers need to demonstrate that they have sufficient employees under the leadership of L-1A managers to perform paperwork. An organizational chart can be used to demonstrate this.
Requirements for L1B Visa for Professional Employees
1-Year Rule
L-1B alien workers must have worked full-time for the foreign company for at least 1 year in the 3 years prior to applying for the L-1 visa. USCIS will require the submission of payroll tax returns with the application to demonstrate this.
Unable to hire suitable U.S. employees
The employer must demonstrate that there are no suitable U.S. employees who are qualified for the position compared to the professional knowledge and skills of the L-1B employee, and that the company urgently needs the L-1B employee for the position because conditions do not allow temporary training of a U.S. employee laborer.
Salary requirements
The salary paid by the employer to the L-1B employee shall not be significantly lower than the prevailing salary level in the industry, and the employer has the financial strength to pay the salary of the employee.
Professional knowledge
The applicant’s expertise has special qualifications that are not normally possessed by others, the applicant has a higher level of knowledge, and the evidence submitted must demonstrate how it differs from the knowledge held by other employees.
Transition between L1B and L1A
L-1B visa holders can stay in the U.S. for up to 5 years but can convert from L1B visa status to L1A visa status, increasing the maximum stay to 7 years.
L-1 Visa Requirements for Employers
The applicant (petitioner) of the L1 visa is a multinational company, which means that the visa applicant is not the executive himself, but the American employer and the executive is the beneficiary. L1 visa requirements for employers are as follows:
The US employer company has been in business for one year (if it is less than one year, the first L-1 visa of the new company must be an executive L-1A visa, and the visa can only be applied for one year)
The employer must have a professional and reliable relationship with the company and/or business you are working for outside the United States (Qualifying Relationship)
The employer must be interested in hiring you for a managerial or executive position in the United States
EB-1C Multinational Executive Visa
What is an EB-1C Visa?
The EB-1C visa is one of the third types of employment visas in the first priority type of visa. It is mainly suitable for executives and senior managers who work for multinational companies with business establishments in the United States and China to immigrate to the United States and become a permanent residents.
EB1C application procedures are tedious, and applicants are advised to cooperate with immigration attorneys who have sufficient EB1C experience.
EB-1C Multinational Executive Visa
EB-1C vs. L-1A Visas
International employees seeking to work in the U.S. under an L1A Intracompany Transferee Visa as managers or executives may potentially qualify for the EB1C Multinational Executives & Managers green card. As the L1A and EB1C have similar qualifications, with EB-1C being held to higher standards than an L-1A.
An L-1A visa permits you to relocate to another office, however, EB1C status necessitates that the company must have been in operation for at least one year before filing for your application. With the ability to remain in the US for an indefinite period, the USCIS will have a closer look at EB1C applications as opposed to an L-1A visa.
Despite a previous successful L-1A application, it is no assurance of a successful EB1C filing. For this reason, particular attention must be paid to the company’s business plan and other supporting documentation. Additionally, L-1 visas offer the chance of obtaining specialized knowledge without being a manager or executive. On the other hand, this option does not exist for EB1C status (although in rare cases, it is still possible for L-1B holders to get EB1C status).
EB1C Applicant and Employer Eligibility
Secondment of employees (senior managers and executives）
To qualify for the EB-1C visa, you must meet the following requirements:
Worked in a foreign branch outside the United States for 1 of the 3 years prior to applying for the visa. or
If you are already working for the U.S. employer who applied for your visa, you must have a current nonimmigrant authorization
You must be in a managerial or administrative position
If you have worked at a foreign branch outside the United States, you must have held a managerial or executive position at that foreign branch.
Requirements for Multinational Corporations (U.S. Employers)
The applicant for the EB-1C visa is a corporation, which means that the visa applicant is not the applicant himself. The U.S. employer will be your applicant and you the beneficiary. In order for an employer to apply for a visa for you, the U.S. employer itself must also meet the EB-1C requirements:
Employer must have been in business in the U.S. for at least one year
The employer must have a professional and reliable relationship with the company and/or business you are working for outside the United States Qualifying Relationship
The employer must be interested in hiring you for a managerial or executive position in the United States
Have questions about L-1 or EB-1C Visas? Contact Springdale Law Firm.