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The L-1 category applies to aliens who work for a company with a parent, subsidiary,
branch, or affiliate in the U.S.. These workers come to the U.S. as intra-company
transferees who are coming temporarily to perform services either
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in a managerial or executive capacity (L-1A) or |
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which entail specialized knowledge (L-1B) |
for a parent, branch, subsidiary or affiliate of the same employer
that employed the professional abroad. The employee must have been
employed abroad for the corporation, firm, or other legal entity
(or an affiliate or subsidiary thereof) on a full- time basis for
at least one continuous year out of the last three-year period to
qualify. There is currently no annual cap on L-1 visas.
Note: The employer is required to obtain a labor certification prior
to petitioning in
this category. Compensation level is not prescribed, but U.S. income
must be
sufficient to prevent the alien form becoming a public charge.
Dependents:
Dependents(i.e. spouses and unmarried children under 21 years of
age) of L-1 workers are entitled to L-2 status with the same restrictions
as the principal.
Dependents may be students in the U.S. while remaining in L-2 status,
however, dependents may not be employed under the L-2 classification.
Petition Document Requirements:
A U.S. employer or foreign employer may file the I-129 petition, but a foreign
employer must have a legal business in the U.S.
| The petition must be filed with: |
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Evidence of the qualifying relationship between the U.S. and the foreign
employer which address ownership and control, such as an annual report,
copies of articles of incorporation, financial statements, or stock certificates; |
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A letter from the alien’s foreign qualifying employer detailing his or her dates
of employment, job duties, qualifications and salary and demonstrating that
the alien worked for the employer abroad for at least one continuous year
within the three-year period before the filing of the petition in an executive
or managerial capacity or in a position involving specialized knowledge; and |
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A detailed description of the proposed job duties and qualifications and
evidence the proposed employment is in an executive or managerial capacity
or in a position involving specialized knowledge. |
| If the alien is coming to the U.S. as a manager
or executive (L-1A) to open or to be employed in a new office,
also file the petition with evidence that: |
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Sufficient premises to house the new office have been secured; |
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The beneficiary has, or upon establishment will have, the qualifying relationship
to the foreign employer and the qualifying position; and |
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The intended U.S. operation will
be able to support the executive or managerial position within
one year of the approval of the petition. This must be supported
by the information regarding:
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the proposed nature of the U.S. office (size and scope, organizational
structure, and financial goals), |
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financial information about the foreign entity (the size of the U.S.
investment and the financial ability to remunerate the beneficiary and to
commence doing business in the U.S.), and |
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the organizational structure of the foreign entity. |
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| If the alien is coming to the U.S. in a specialized knowledge capacity (L-1B) to open
or to be employed in a new office, also file the petition with evidence that: |
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Sufficient premises to house the new office have been secured; |
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The business entity in the U.S. is or will be a qualifying organization |
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The petitioner has the financial ability to compensate the alien beneficiary and
to begin doing business in the U.S. |
Extending an Individual L-1 Petition
A petitioner may apply for an extension of an individual L-1 petition using Form I-129.
Supporting documentation is nor required, except in those cases involving new
offices or when requested. For details, please refer to 8CFR 214.2(1)(14)(i).
H-1B Working Visa
H-1B classification applies to persons in a specialty occupation which requires the
theoretical and practical application of a body of highly specialized knowledge
requiring completion of a specific course of higher education. This classification
requires a labor attestation issued by the Secretary of Labor (65,000). This
classification also applies to Government-to-Government research and
development, or coproduction projects administered by the Department of
Defense (100);

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