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By now you’ve probably determined that the L-1 work visa is a helpful tool available to multinational companies seeking to transfer employees from their branch, subsidiary, or affiliate office abroad to their entity in the United States.
Employers who wish to pursue this temporary work visa must first determine whether the job offered in the U.S. qualifies for L-1A or L-1B.
So, what’s the difference between the two? In this article, we’ll break it down for you.
The L-1A Classification
The L-1A classification is for U.S. employers who wish to transfer an executive or manager from its entity abroad.
The employee must:
Have worked or be currently working for the organization abroad for one continuous year during the three years preceding their admission to the U.S.; and
Be entering the U.S. to provide service in a managerial or executive capacity for the qualifying organization.
Managerial capacity is generally defined on the employee’s role in supervising and controlling the work of professional employees, and/or manage the organization or a department or function within it.
Executive capacity is generally defined by the employee’s high-level and wide-ranging decision-making without much oversight.
The L-1B Classification
The L-1B classification is for U.S. employers who wish to transfer specialized knowledge employees from its entity abroad.
The employee must:
Have worked or be currently working for the organization abroad for one continuous year during the three years preceding their admission to the U.S.; and
Be entering the U.S. to provide service in a specialized knowledge capacity for the qualifying organization
Specialized knowledge is generally defined by the amount and type of knowledge an employee has gained at the entity abroad regarding the organization’s product, service, research, equipment, techniques, management, etc. and its application in international markets, or their advanced level of knowledge or expertise in the organization’s processes or procedures.
Both L-1A and L-1B petitions place a heavy evidentiary burden on employers
It is important to adequately prove the elements of the L before submitting to USCIS. Even then, it is very likely a Request for Evidence will be issued.
For more information on the L-1 work visa, please see our other articles:
Hadley Bybee
Business Immigration Lawyer
Mdivani Corporate Immigration Law Firm
NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to your situation
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.
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