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The L classification applies to intracompany transferees
who, within the three preceding years, have been employed
outside of the U.S. continuously for at least one year, and
who will be employed by a branch, parent, affiliate, or subsidiary
of that same employer in the U.S. in a managerial, executive,
or specialized knowledge capacity. The L-1 classification
requires clear documentation of the qualifying relationship
of ownership and control between the U.S. and foreign office.
L-1 candidates abroad who wish to meet the one-year requirement
need be aware that U.S. visits are subtracted from the one-year
accumulation. If the candidate will require L-1 status to
perform work requiring "specialized knowledge" of
the company's advanced processes and procedures, the L-1B
classification will attach. Managerial and executive candidates
will be accorded the L-1A classification.
Certain multinational companies receive L-1 processing under
the "Blanket L" program. The pre-employment period
for Blanket L applications is also one full year (the qualifying
period for Blanket L employers was reduced to six months until
June 2006). Once the multinational is approved for the "Blanket
L" program, the Immigration Service stage of processing
can be eliminated for all managerial and executive candidates.
Blanket L processing is also available to specialized knowledge
candidates who are also "professionals." The definition
of professional is borrowed from the H-1B requirements, requiring
a university degree, however candidates without full university
degrees can at times benefit from an academic evaluation by
professional evaluators.
Initial L-1 visa status may generally be approved for up
to three years, and can be extended for up to a total of 7
years maximum stay for an L-1A (manager or executive) or 5
years for an L-1B (specialized knowledge). After the end of
the maximum L-1 period of stay in the U.S., the candidate
must reside outside of the U.S. for a full year before eligibility
for L -1 (or H-1B) status may resume. Spouses and children
of L-1 workers are eligible for dependent visas in the L-2
classification. L-2 spouses can apply for employment authorization.
Since June 2005, the law prohibits the issuance of L-1B "specialized
knowledge" visas when the U.S. employment is primarily
at client sites if (1) the employee will be principally controlled
and supervised by the client; or (2) the work does not involve
the provision of a product or service that requires specialized
knowledge specific to the L-1 sponsoring employer. Thus, the
rules still allow L-1 employees to accomplish work at client
sites when the employees remain under the L-1 employer's full
control and when the employer is implementing its own specialized
product or service at that client site.
Employers are responsible for paying a one time Fraud Detection
and Prevention fee ($500) for each initial L-1 application.
- Company and candidate forward to Berry, Appleman
& Leiden (BAL) information necessary to begin
the case.
- BAL reviews and organizes information and documents.
BAL performs legal analysis and develops case strategy.
.
- BAL obtains evaluation of academic degree and/or
experience (if necessary).
- BAL prepares final forms and letters for company.
- BAL prepares final forms for spouse and children
if included in process (L-2 extensions only).
- Company reviews and signs final documents.
- Candidate's family members review and sign final
documents (if L-2 extension required).
- BAL performs a final check of all documents, forms,
and letters.
- If the company has been approved for the "Blanket
L" program most candidates will qualify for processing
directly at the U.S. Embassy/Consulate abroad (skipping
the USCIS stage below).
- BAL sends finalized L-1 materials to employee abroad
with instructions on visa application with the U.S.
Embassy/Consulate.
- BAL files finalized L-1 petition with the appropriate
regional USCIS Service Center. Note: Canadian citizens
are sent special instructions for in-Canada processing
under NAFTA (the North American Free Trade Agreement).
- The government approves L-1 petition. L-2 extension
petitions, if any, are generally approved concurrently.
- BAL notifies company and candidate of approval.
- BAL provides instructions in initiation/continuation
of work.
- BAL also provides instructions for visa applications
and/or revalidation when appropriate.
- Candidate completes I-9 and starts work with company.
Candidate provides copies of visas and I-94s (when
required) to BAL
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