A: U.S. Congress created the L-1 nonimmigrant visa category in 1970 primarily to assist multinational companies that experienced difficulties, in bringing to the United States critical personnel temporarily from abroad. To be eligible for an L-1 visa, a foreign national normally must have been employed by the foreign company continuously for at least one year during the preceding three years in a managerial or executive position or in a position where he/she gained specialized knowledge. The individual must be coming to the United States to provide services to the same employer or a branch office, subsidiary or affiliate. For this reason L-1 visa holders are known as intracompany transferees. Either the employing entity abroad or the prospective U.S. employer may be the petitioner, assuming each is otherwise qualified. 

For many years, the L-1 visa has been a vital tool both for U.S. companies with an international presence and for international firms expanding into the United States. Although not a heavily used visa in terms of numbers, the L-1 visa has done much to help U.S. companies be competitive. It also facilitates foreign investment in the United States. In fact, it is the principal immigration vehicle U.S. companies use to bring in qualified personnel temporarily from their operations abroad to serve as managers or executives, or to apply certain specialized knowledge. 

Also, it is the principal nonimmigrant visa category that foreign companies use to build U.S. factories, open offices, and hire significant numbers of U.S. workers to staff their U.S. operations. Unless U.S. and foreign companies are able to bring key personnel to their American operations, U.S. companies will be put at a competitive disadvantage and foreign companies will be unlikely to establish or expand their presence in U.S.

Q. What is the difference between L-1A visa and L-1B visa?

A: Executives and managers enter the United States on an L-1A visa. Employees with specialized knowledge enter the United States on an L-1B visa. To qualify for specialized knowledge, the employee must possess special knowledge of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge in the organization's processes and procedures. 

Spouses and children of principal L-1 visa holders enter on L2 visas. An employee brought in on an L-1A visa in a managerial or executive capacity may work in the United States for up to seven years. L-1B beneficiaries may work in the United States for up to five years. 

Q: What are the general requirements for an L-1 visa application?

A: To qualify for the L-1 visa, the foreign national must have worked outside of the United States for a qualifying employer for at least one year within the three years prior to transferring to the United States. The time working in the United States will not count toward the one year of required employment.

Since the L-1 program's creation, U.S. Congress has consistently responded to the needs of the business community by facilitating the process by which multinational companies import key personnel via the L-1 visa. Originally, the L-1 beneficiary had to have worked for the company abroad during the year immediately before filing the L-1 petition. A later amendment broadened the qualifying period to one year during the prior three years, thus permitting a former employee to rejoin the multinational company in the United States.

An L-1 is an alien coming temporarily to perform services in a managerial or executive capacity, for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer which employed him or her abroad, in an executive, managerial or specialized knowledge capacity. The employment abroad must have been as an executive or manager for an L-1A visa, or require specialized knowledge about the company's products, procedures or methods for the L-1B visa. The foreign citizen must be transferred to work for the same employer in the United States, or a parent, subsidiary or affiliate company. 

Q: What are the important requirements for an L-1 visa application?

A: To reply an L-1A visa or L-1B visa, you should know what are the USCIS requirements for L1 visa petition. Most L-1A petitions have difficulty on the requirement of L-1A regulation: a person who has worked abroad for one continuous year within the preceding three years in an executive or managerial capacity for a qualifying, related business entity.

The first requirement of L1 is that the intra-company transferee must have been employed in a qualifying company abroad in a managerial, executive capacity, or as a person with specialized knowledge, for at least one year within the past three years. The regulatory authority for the L1 visa is found in 8 C.F.R. Section 214.2(1). These regulations state that an alien who is eligible to receive an L1 intra-company transfer visa must meet the statutory requirements of the Immigration and Nationality Acts, which define a qualified alien as: 

“a person who has worked abroad for one continuous year within the preceding three years in an executive, managerial, or specialized knowledge capacity for a qualifying, related business entity and who is being transferred temporarily to work in the United States to work in a executive, managerial, or specialized knowledge capacity for a qualifying related business entity.”

Three positions, a manager, an executive, and a person with specialized knowledge, are considered employable by the USCIS, on the condition that the U.S. employer, which functions as the petitioner, meet the obligations of a qualifying organization. By working for a qualifying organization abroad for an entire year during the preceding three years, an alien can apply for a L1 intra-company transfer visa.

Q: What is the Specialized Knowledge required by USCIS regulation for L-1B visa?

A: The issue for L-1B visa application or extension is whether the petitioner has established that the beneficiary's position in the United States will involve specialized knowledge as required by the regulation. Section 214(c)(2)(B) of the Immigration Act provides the following:

“For purposes of section 101(a)(15)(L), an alien is considered to be serving in a capacity involving specialized knowledge with respect to a company, if the alien has special knowledge of the company product and its application in international markets, or has an advanced level of knowledge of processes and procedures of the company.”

Furthermore, the regulation defined specialized knowledge as:

“Special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge, or expertise in the organization's processes or procedures.”

The petitioners requesting L-1B classification for an employee are usually faced with having to establish that the beneficiary possesses “specialized knowledge”, and the employee is coming to the United States to continue to render services requiring that specialized knowledge. A beneficiary is considered to be serving in a capacity involving specialized knowledge if he or she has “a special knowledge of the company product and its application in international markets, or has an advanced level of knowledge of processes and procedures of the company.

Q: If I get L-1A visa approval, can I also apply for U.S. Green Card later? 

A: The L-1A visa is one of the most popular vehicles by which the owners of foreign businesses can obtain permanent status in the United States by expanding operations to the United States. The process is carried out in three steps:

• First, the initial L-1A visa is issued for a period of one year to set up operations of the new U.S. branch;

• Second, the L-1A visa must be renewed based in part on the first-year record of the U.S. branch;

• Third, once renewed, for an additional 2 years, the L-1A visa holder may apply for permanent residency with the support of the U.S. branch.

Q: Why is the L visa important for some U.S. companies?

A: The L-1 visa for intracompany transferees has been a vital tool both for U.S. companies with an international presence and for international firms expanding into the United States. The L-1 visa enables U.S. companies to bring in qualified personnel temporarily from their operations abroad to serve as managers or executives or to apply certain specialized knowledge, thereby allowing U.S. companies to retain or develop new operations within the United States while expanding into foreign markets and promoting U.S. products. 

This, in turn, translates into more jobs for American workers. The L-1 visa also helps foster foreign investment in the U.S. It is the principal immigration vehicle foreign companies use to build U.S. factories, open offices, and hire significant numbers of U.S. workers to staff their U.S. operations. Also, the L-1 visa category is an essential part of this country's arsenal to create and keep jobs in the United States. For many years, the L-1 visa has been a vital tool for both U.S. companies with an international presence and international firms expanding into the United States. 

The L-1 visa has allowed U.S. and foreign companies to build U.S. factories, open offices, create new jobs in the United States and hire significant numbers of U.S. workers to fill these jobs. Properly administered, the L-1 visa category can offset concerns about globalization by keeping and adding jobs in U.S.

Q: What is the differences between H-1B visa and L-1 visa?

A: There are some major differences between the H-1B visa and the L-1 visa. The H-1B visa program allows U.S. employers to hire highly educated foreign professionals on a temporary basis who provide specialized or unique skills/expertise and relieve temporary U.S. worker shortages.   

The L-1 visa programs are designed for different purposes, and the requirements of each program reflect these differences. In most cases, the foreign national must have worked for the multinational firm abroad for a full year before being eligible for the L visa category. Multinational employers use the L-1 visa to transfer to this country their own foreign national executives or managers or employees who possess specialized or advanced knowledge. To be eligible for L-1 visa, you must be hired by a multinational foreign company at least one year during the last three years.

Q: How to organize the evidence accompanied with the L-1 visa application?

A: Follow the tips below for how to organize the evidence accompanied with the L-1 visa application:

1) Provide all required documentation and evidence with the L-1 visa application when filed. O-1 visa application may be denied in the instances where the required evidence described in the instructions and regulations are not initially provided. If providing photocopies of documents, provide clear legible copies.

2) All foreign language documents must be submitted with a corresponding English translation. The English translation must be certified by a translator who is competent to translate and must verify in writing that “the translation is true and accurate to the best of the translator's abilities.“ It is helpful if the English translation is stapled to the foreign language document.

3) If documenting the alien's publications or citations of the alien beneficiary's work, highlight the alien's name in the relevant articles. It is not necessary to send the full copy of document, or research paper written by the alien beneficiary, or one in which the alien beneficiary's work has been cited. Include the title page and the portions that cite the alien's work. 

4) Tab and label the evidentiary exhibits at the bottom of the first page of each exhibit, and provide a list of the evidentiary exhibits and the eligibility criteria that each exhibit is submitted to establish for petitions supported by a substantial amount of documentation. An exhibit that is being provided to meet multiple eligibility criteria should be so identified in the exhibit list.

Q. What is specialized knowledge for L-1B?

A: An L-1B visa is an alien coming temporarily to perform services which entail specialized knowledge, for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer which employed him or her abroad for one continuous year.

When first enacted in 1970, the statute did not define “specialized knowledge.” Immigration and Naturalization Service (INS) regulations in the 1980s interpreted the term narrowly, requiring the employee to have proprietary knowledge of the company's product or services. The INS also claimed that only a few employees in the company could have such knowledge. In 1990, U.S. Congress defined specialized knowledge simply as “special knowledge of the company product and its application in international markets, or an advanced level of knowledge of processes and procedures of the company.”

Thus, the specialized knowledge is the knowledge of the employer's product or its application in international markets or an advanced level of the knowledge of the employer's processes and procedures. 

A previous memorandum highlights USCIS position on what constitutes specialized knowledge: “the alien should possess a type of specialized or advanced knowledge that is different from that generally found in the particular industry. The knowledge needs not be proprietary or unique. Where the alien has specialized knowledge of the company or product, the knowledge must be noteworthy or uncommon. Where the alien has knowledge of company processes or procedures, the knowledge must be advanced.”

Q. Why not codify a list of skills that constitute specialized knowledge?  

A: The law is clear that specialized knowledge is not the general knowledge of employees. The law does not include a list of what constitutes and what does not constitute specialized knowledge, because no laws can keep up with the speed of innovation which is reflected in the changing knowledge base that constitutes “specialized knowledge” and businesses needs. 

Any attempt to do so would both not reflect the marketplace and stifle the U.S.'s competitiveness in the global economy. Instead, this visa program chose to burden U.S. companies with the task of proving that each L-1B visa applicant possesses specialized knowledge.  

Q: Why does the L visa not require a labor certification?

A: When properly issued, L-1 intracompany transferees do not constitute new hires that could displace U.S. workers. Rather, the L-1 employee is being transferred temporarily within the company to add value or provide expertise based on his or her international experience with the company. Moreover, speed and efficiency are necessary components of the L visa program.

Inserting a labor certification requirement into the process would lead to significant visa processing delays and would subject companies to bureaucratic requirements before they could gain access to their own employees. A labor certification process would not protect U.S. workers, but it would hurt the arrival of foreign workers that could create new jobs.

Q: How could you help me for my L-1 visa application?

The burden of L-1 visa petition approval rests with the petitioner. The petitioner should provide substantial evidence of L-1 visa criteria that the alien could satisfy. If the alien applicant is qualified, then the success depends largely on the way the application is presented to USCIS. 

To help you apply for or renew your L-1A visa / L-1B visa easily and quickly, we provide a high quality and case proved Complete Do-It-Yourself Package of L-1 Visa/Status Application for Intra-Company Transferees, based on our extensive and practical employment immigration and visa application experience.

As added value in the Complete Do-It-Yourself Package of L-1 Visa/Status Application for Intra-Company Transferees, we provide comprehensive instructions on L-1 visa application requirements and processing, and we also let you know step-by-step application procedures, detailed instructions, all required documents, and how to submit a comprehensive L-1 visa application to USCIS. 

We also provide several sample of petition cover letters, samples of filled petition form, complete petition checklists from yourself and from your employer, all the required USCIS forms, and detailed explanations of many petition related important issues.

Q: Why does the concept of a numerical cap not apply to L visas?

A: In current law, the L visa is not only a relatively efficient visa but it is also an uncapped visa category. The absence of such an artificial restriction has allowed international companies to transfer their key employees, when a need arises without the long delays that are often associated with burdensome petitions and caps. 

If a cap were placed on the L-1 program, the result would be two-fold. First, uncertainty about whether a company would be able to transfer its key personnel would deter foreign companies from investing in the U.S. and developing U.S. based operations. Second, U.S. based operations that use the L-1 program might decide to move their operations overseas, if they were not certain that they could access their key managers, executives and employees with specialized knowledge.

Q: Why is there no prevailing wage requirement for the L visa program?

A: The prevailing wage concept, identifying an average wage for similarly situated occupations in a specific geographic location, is incompatible with the purposes behind the L-1 visa category, in which visa holders are company employees who are transferred within their own company's corporate structure. Since many of the L-1 intracompany transferees do not intend to remain in the U.S. permanently, they often prefer to remain compensated through the overseas company.

The alternative requiring L-1 employees to be paid by the U.S. based operations is undesirable. A disruption in their home country compensation may have negative consequences on their social benefits and retirement packages. In many cases, the particular foreign state's social welfare laws make these benefits more valuable than the benefits offered by U.S. employers. This salary is paid in foreign currency and established by the cost of living and established wage rates there.

Layering prevailing wage requirements on top of this existing structure would force the Labor Department or the immigration agency to become expert in foreign currency fluctuation/conversion and comparative international costs of living.

Q: Has there been abuse in the L visa category?

A: According to reports, some L visas were granted under which the L-1B visa holder was assigned to a third party site, was not using specialized knowledge, and was not under the control of the petitioning employer. These visas appear to have been erroneously granted, since using an L-1B visa for in such a manner is clearly forbidden under both current law and State Department guidance. The U.S. State Department already has taken steps to close this loophole.

The State Department's investigative teams focus on catching visa fraud. By enforcing the laws and guidance and taking proper precautions to make sure only legitimate L visas are issued, the benefits of the L visa can be enjoyed without negative consequences.

Q. What are the L visa petition requirements for an U.S. employer or foreign employer?

A: An U.S. employer or foreign employer may file the petition, but a foreign employer must have a legal business entity in the U.S. The petition must be filed with:

1) evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control, such as an annual report, articles of incorporation, financial statements or copies of stock certificates;

2) a letter from the alien's foreign qualifying employer detailing his/her dates of employment, job duties, qualifications and salary, demonstrating that the alien worked for the employer for at least one continuous year in the three-year period preceding the filing of the petition in an executive, managerial or specialized knowledge capacity; and

3) a description of the proposed job duties and qualifications and evidence that the proposed employment is in an executive, managerial or specialized knowledge capacity.

Q. What are the L visa petition requirements if the alien is coming to the U.S. to open a new office?

A: If the alien is coming to the U.S. to open a new office, the petition should include the following documents:

1) already has sufficient premises to house the new office;

2) has or will have the qualifying relationship to the foreign employer;

3) has the financial ability to pay the alien and to begin doing business in the U.S., including evidence about the size of the U.S. investment, the organizational structure of both firms.

Q. What is the blanket L visa petition?

A: An L visa blanket petition simplifies the process of later filing for individual L-1A workers and L-1B workers who are specialized knowledge professionals.

A blanket L petition must be filed by a U.S. employer who will be the single representative between USCIS and the qualifying organizations. A company that wishes to establish itself, its parent, its subsidiaries, and/or its affiliates as qualifying organizations under the blanket L program must first file a blanket L petition with an USCIS Service Center. This blanket petition must identify a petitioner in whose name the petition is being filed. The petitioner must be a member of the company's corporate family, but it needs not be the parent or the principal office.

Q. What are the requirements for blanket L petitioners?

A: Under USCIS regulations, a blanket L petitioner must meet the following four conditions:

• The petitioner and each of the entities included in the blanket L petition are engaged in commercial trade or services;

• The petitioner has an office in the United States that has been doing business for one year or more; 

• The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and 

• The petitioner and the other qualifying organizations have done at least one of the following: (a) obtained approval of petitions for at least 10 L managers, executives, or specialized knowledge professionals during the previous 12 months; (b) have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; (c) have a U.S. work force of at least 1,000 employees. 

Q. What are the critics of L-1 visa program by some labor organizations?

A: The L-1 visa program has come under scrutiny, primarily because of the economy and the continuing shift toward outsourcing and off-shoring work. Critics of the program allege that the L-1 visa is being used to import low-cost foreign contract workers to replace U.S. workers.

Current immigration law prohibits using an L-1 visa to send a foreign national to the United States simply as contract labor to work alongside the workforce of a third party, under the control of the third party, performing the same kind of work done by the third entity's employees and displacing U.S. employees.

According to law and guidance issued by the State Department, an L-1 visa holder can visit a third party site only when the petitioning organization controls the time, place, and content of the work assignment. In the case of an L-1B visa, if the visa holder possesses specialized knowledge, for example, if an international company has developed proprietary computer software that will improve a U.S. company's production capabilities, it is permissible for an L-1B visa holder to install the software at the third party client site and train the client's workforce in its specialized uses.

Q. What is the relationship between L-1 visas and foreign trade agreements?

A: Some international free trade agreements (FTAs) contain immigration provisions. Members of Congress have complained about immigration provisions being included in FTAs, arguing that Congress should decide immigration policy after due deliberation and debate, not have it imposed unilaterally by executive agreements. Nevertheless, several existing FTAs already contain immigration provisions, any changes to immigration law should not violate those bilateral or multilateral agreements.

For example, the North American Free Trade Agreement (NAFTA), which the United States signed with Canada and Mexico, has an immigration provision concerning intracompany transferees. NAFTA requires the three signatory countries to grant temporary entry to business persons employed by a foreign enterprise who seek to render services to that enterprise or its affiliate or subsidiary, in a capacity that is managerial, executive or that involves special knowledge.

Temporary entrants must have worked continuously for one year out of the past three in a foreign country for the same enterprise that they are seeking to serve here in the United States.

Q. What are the major differences between the H-1B visa and the L-1 visa? is it possible for me to change from current H-1B visa to L-1 visa after reaching 6-year limit of H-1B visa? 

A: There are some major differences between the H-1B visa and the L-1 visa. The H-1B visa program allows U.S. employers to hire highly educated foreign professionals on a temporary basis who provide specialized or unique skills/expertise and relieve temporary U.S. worker shortages. 

In contrast, multinational employers use the L-1 visa to transfer to this country their own foreign national executives or managers or employees who possess specialized or advanced knowledge. To be eligible for L-1 visa, you must be hired by a multinational foreign company at least one year during the last three years.

Q. I have a J-1 visa right now, with 2-year home country service requirement. A company in my home country may be able to apply for L-1 visa for me to work in U.S. What are the general requirements for an L-1 visa application?

A: The L-1 visa allows foreign nationals working abroad for a multinational company to be transferred to work in the United States. To qualify for the L-1 visa, the foreign national must have worked outside of the United States for a qualifying employer for at least one year within the three years prior to transferring to the United States. The time working in the United States will not count toward the one year of required employment. 

The employment abroad must have been as an executive or manager for an L-1A visa, or require specialized knowledge about the company's products, procedures or methods for the L-1B visa. The foreign citizen must be transferred to work for the same employer in the United States, or a parent, subsidiary or affiliate company. 

Q. I am in a B-1 visa now, a US company wants to hire me and apply for a L-1B status for me as a specialized knowledge professional with an approved blanket L visa petition. Please let me know more about the blanket L visa petition.  

A: An L visa blanket petition simplifies the process of filing for individual L-1B workers who are specialized knowledge professionals who possess specialized knowledge employed in positions, which require the theoretical and practical application of highly specialized knowledge.

A blanket L petition must be filed by a U.S. employer who will be the single representative between USCIS and the qualifying organizations. A company that wishes to establish itself as qualifying organizations under the blanket L program must first file a blanket L petition with an USCIS Service Center. This blanket petition must identify a petitioner in whose name the petition is being filed. The petitioner must be a member of the company's corporate family, but it need not be the parent or the principal office.

Q: What are the challenges for L-1A visa / L-1B visa application and extension?

A: Obtaining approvals for L-1A/ L-1B applications have become much harder in recent years. The alien employee must have also worked in an executive, managerial or specialized knowledge capacity for the foreign entity for at least one year in the past three years, and is being sponsored to work in the same capacity for the U.S. entity. Most of the issues that we see in L-1 Request For Evidence (RFE) challenge whether the L-1 employee will be working in a managerial, executive, or specialized capacity.

Q: What are the major challenges for L-1A visa extension?

A: It would not be an exaggeration to state that the USCIS often approves the initial L-1A visa on a vision -- supported by a well drafted business plan and a convincing amount of money in the bank. However, if getting ones foot in the door seems easy, renewal of the visa frequently turns out to be a nightmare after the issue of Request For Evidence (RFE) from a USCIS Service Center, for the applicant who has uprooted hearth and home with the intention of permanently relocating to the United States.

Based on cases published by the USCIS' Administrative Appeals Office (AAO), the reasons for most of the denied L-1A visa application or extension were virtually identical:

• The petitioner did not establish that the beneficiary will be employed in a primarily managerial or executive capacity;

• The petitioner did not employ adequate or sufficient personnel;

• The petitioner did not establish physical offices;

Q: What should I know for the Request For Evidence (RFE) of an L-1 visa application?

A: After the USCIS Form I-129 - Petition for a Nonimmigrant Worker submission, it is not very rare that the petitioner receives a Request For Evidence (RFE) notice from an USCIS Service Center for your L-1A / L-1B visa application or extension. In some occasional situations, a few petitioners may receive a letter of Intent to Deny (ITD). The possibility that an L1 visa application may get RFE changes from one USCIS Service Center to another USCIS Service Center.

Generally, RFE will ask the petitioner to submit specific supplement materials, such as evidence to show the U.S. company will grow to a size to support a managerial position, or submit evidence for the duties of general managerial functions, or submit probative evidence verifying that the beneficiary's specialized knowledge is uncommon and noteworthy. For the RFEs asking for particular evidence or supporting materials, sometimes it is difficult for a petitioner to provide the exact required documents.

Q: Can I not reply the RFE notice?

A: An USCIS adjudicator may issue a Request For Evidence (RFE) on L-1 visa application cases that were clearly not approvable. The issuance of RFEs in these cases resulted in delays in the processing time. On the other hand, many cases could be approved if the applicants had been given the opportunity to provide additional information in response to the RFEs.

A Request for Evidence (RFE) from a USCIS Service Center is that the USCIS adjudicator is requesting additional evidence to address and support specific parts of the pending L-1 visa application. The petitioner may have certain days indicated in the RFE notice to respond the requests in the RFE notice. If the petitioner does not respond within the indicated time, the petition may be denied by USCIS. After USCIS receives the response to an RFE notice, further action will generally occur within 30 - 60 days, but may take longer for some cases.

Q: What is the Notice of Intent to Deny? 

A: An L-1 visa application case may be denied if it is clearly not approvable. These are cases where basic regulatory requirements are missing. This includes cases where an applicant is categorically ineligible to receive a L-1 visa. USCIS also recognized that sometimes the adjudicators request full range of information when only a small amount is needed to make a final decision, so it wastes examination resources through the review of unnecessary, duplicative, or irrelevant documents.

A Notice of Intent to Deny (NOID) is that the USCIS adjudicator is giving notice that USCIS will deny the pending case, unless you provide certain extra documentation. The petitioner may have certain days indicated in the NOID notice to respond. If the petitioner does not respond within the prescribed period, the petition may be denied. Once the USCIS receives your response to an NOID, further action will generally occur within 30 - 60 days, but may take longer.

Q: For Request For Evidence (RFE) of an L-1A visa or L-1B visa application or extension, what are the general RFE requests for the beneficiary?

A: For many L1 RFE requests, USCIS wants to make sure the beneficiary can meet the basic requirements for obtaining L1 visa:

• The employee must have worked abroad for the overseas company for continuous period of one year during the preceding three years;

• The employee must have been employed abroad in an executive or managerial position (L-1A), or a position involving specialized knowledge (L-1B).

• The employee must be coming to the U.S. company to fill one of these capacities - Executive, Managerial, or Specialized Knowledge;

• The employee must be qualified for the position by virtue of his or her prior education and experience;

• The L1 visa holder must intend to depart the United States upon completion of his or her authorized stay. 

Q: For Request For Evidence (RFE) of an L-1A visa or L-1B visa application or extension, what are the general RFE requests for the employer?

A: In many RFE requests, USCIS also wants to make sure the petitioner can meet the basic requirements for sponsoring the L1 visa:

• The company at which the employee fulfilled the work requirements must be related to the U.S. company in a specific manner, such as parent/subsidiary, sister companies with common parent;

• The company must be a qualifying organization - one that is doing business in the United States and one other country throughout the entire period of transfer;

• The prospective U.S. employer has been doing business for at least one year;

• The company has an office in the United States, as well as in the home country of the petitioner.

Q: For RFE of L-1A visa application or extension, what kind of evidence are requested in the RFE?

A: The additional evidence requested in the RFE notice of L-1A visa application or extension often includes the following categories:

• The beneficiary's duties of as an executive or manager in entities inside and outside the United States;

• Company structure and organizational chart for entities inside and outside the United States;

• The beneficiary's subordinates information;

• The beneficiary's employment evidence;

• Additional evidence for opening a new office/business in United States;

• Evidence that establishes the financial status of the U.S. organization.

Q: For RFE of L-1B visa application or extension, what kind of evidence are requested in the RFE?

A: The additional evidence requested in the RFE notice of L-1B visa application or extension often includes the following categories:

• The beneficiary's specialized knowledge;

• Evidence to show the scope and duties of the position held by the beneficiary in a qualifying capacity;

• The beneficiary's one year employment with L1 visa sponsor outside the United States;

• The beneficiary's job description, the percentage of time to be spent on each duty, level of responsibility;

• Beneficiary's training or experience;

• Employer's Information.

Q: After my employer submitted my L-1B visa renewal application, we got an Request For Evidence (RFE) from USCIS Vermont Service Center asking for my Specialized Knowledge. What should I know before we reply the RFE?

A: The USCIS regulations elaborate on the definition of Specialized Knowledge by including knowledge of the petitioner's product, service, research, equipment, techniques, management, or other interests and its application in international markets. According to a USCIS Memorandum, specialized knowledge must be ''different from that generally found in the particular industry'' and ''need not be proprietary or unique, but it must be different or uncommon,” and held at an “advanced” level. There is also no need to show a labor shortage for this particular skill in the U.S.

To serve in a specialized knowledge capacity, the foreign national's knowledge must be different from or surpass the ordinary or usual knowledge of an employee in the particular field, and must have been gained through significant prior experience with the petitioning organization. A specialized knowledge employee must have an advanced level of expertise in his or her organization's processes and procedures or special knowledge of the organization which is not readily available in the United States labor market. 

When drafting a response to an RFE questioning whether a beneficiary will be employed in a specialized knowledge capacity, the practitioner must clarify that the knowledge possessed was gained within the employment of the foreign entity, not on the employer's client site.

Q: I will soon work in U.S. with an L-1 visa. I have a few questions: can I work for other employer at the same time working for the L-1 visa sponsor? can I work for the L-1 visa sponsor part-time? and can my spouse get the work permit to work in U.S.?

A: The L-1 visa holder should only work for the U.S. employer which is the L-1 visa sponsor. The L-1 visa employer should be a parent, branch, subsidiary, or affiliate that employed the L-1 visa holder outside the U.S. Generally, the L-1 visa holder is expected to work full-time in United States. But the alien can also work less than full-time, if he or she uses a major portion of time to the job. 

The L-1 visa holder can travel out of the United States before the L-1 status expires; and the L-1 visa holder's spouse can apply for employment authorization to work in U.S.

Q: We recent got an RFE notice for my L-1A visa extension, what kind of help we can get from your service?

A: If you get a Request For Evidence (RFE) notice for your L1 visa application or extension from an USCIS Service Center, it is necessary that you must work hard to provide requested evidence in a short time, and persuade the USCIS adjudicators to approve your case. It is critical to appropriately and proficiently reply the Request For Evidence. Incorrect response of the RFE will directly result in your L1 visa application or extension rejection.   

To help you replying the RFE, we provide the high quality and case-proven Complete Do-It-Yourself Package of Request For Evidence for L-1A / L-1B Visa Application or Extension. In the RFE package, we present methods of analyzing RFE questions, RFE replying strategies, means of strengthening your case, detailed RFE cases analysis, sample cover letters, and more.

With the RFE package, you get all the information you need and step-by-step knowledge and strategies of how to prepare an efficient, professional, and complete response to your RFE notice of L1 visa application or extension, and eventually get your L1 visa approval.

The burden of L-1 visa petition approval rests with the petitioner. The petitioner should provide substantial evidence of L-1 visa criteria that the alien could satisfy. If the alien applicant is qualified, then the success depends largely on the way the application is presented to USCIS.

Q: Is L-1 visa a better option for some employees of multinational companies than H-1B visa?

A: Many people may wonder whether they could qualify for the L-1 visa. The common misunderstanding could be that the L-1 visa application may be difficult to get approval than H-1B visa. Therefore, some employees of multinational companies may not normally apply for U.S. working visa in L-1 visa category.

Due to the yearly H-1B visa number limitation, the alien applicants from foreign countries need to wait for the H-1B visa quota for their H-1B visa application. Many new aliens are looking for other options. The L-1 visa is such a better option for those employees of multinational companies. Because these is no limit for L-1 visa number each year, and the L-1 visas are immediately available. Also, there is no education or degree requirements for L-1 visa application.

Q: My employer filed a renewal application for my L-1A visa, and we got a notice of Request for Additional Evidence from USCIS Vermont Service Center. The RFE requests include the organizational charts of my employer in and outside U.S., and my position in the charts. What I should know for this kind of L-1A extension RFE?

A: To replying the REF requests, the organizational charts are important pieces of the New Office L-1 visa application or extension. Every company should submit two organization charts, one for the home country office and the other for the company in the U.S. They are especially important when the company seeks to send an executive or a manager to the U.S. on an L-1A visa. When transferring persons from higher company ranks, the role of the organization chart is to show that the concerned person is an executive or a manager, and to present a clear view to USCIS about the company’s personnel expansion plans in the new U.S. office.

When it comes to RFE request of organization charts, creativity is highly discouraged and the best organization charts are those that provide a clear hierarchical view of the company’s leadership from top to bottom. One common problem in making organization charts is that companies often insist on including department or divisions on the chart. This should be avoided, because it only provides a confusing picture to USCIS. 

The various departments or divisions should be represented by its personnel on the chart and not as separate entities by the name of the division. The idea behind the organization chart as used in the immigration context is to show the personnel reporting structure in your home company and the U.S. entity.

Q: Currently, I am working on a L-1B visa in U.S. I had applied for my H-1B visa through another consulting company, because my L-1B employer would not sponsor my Green Card application. I have got my H-1B status application approved yet. In addition, given the current situation, I am not planning to resign from my present company where I am working with L1B visa, until I get he H-1B approved through the consulting company. My question is: can I continue to work for my L-1B employer after my H-1B status approval? Please help me. 

A: Many people with an nonimmigrant status in United States sign up with another company and have no idea what their obligations and responsibilities are. These people may think "I want an H-1B status or visa because of the Green Card application and my L-1 employer would not sponsor me." But H-1B visa or status are not supposed to be obtained as an option for employment at some point in the future convenience of Green Card application. The H-1B petitions are supposed to be filed for specific job openings, not speculative employment.

If a H-1B application is filed in United States for requesting "Change of Status" and the alien applicant is given a Form I-797A with new I-94 card at the bottom, as opposed to Form I-797B with a request for U.S. Consular Notification abroad. After the H-1B status change approval in United States, the alien applicant can only work for the H-1B employer, and can no longer work for the L-1B employer. In another words, an alien worker definitely cannot have 2 nonimmigrant status (L-1B and H-1B in this case) in the U.S. at the same time, although an alien can potentially have 2 H-1B employers at the same time. 

Q: I am in L-1B visa, and my friend with L-1B visa in another city has just had a "Site Visit" by USCIS. Why would the USCIS conduct a site visit? Is there anything I need to know or be careful for the possible site visit for my work place? 

A: A special office of U.S. Citizenship and Immigration Services (USCIS), called the Office of Fraud Detection and National Security (FDNS) will conduct a site visit for companies with alien workers in H-1B, L-1, or O-1 status. There may be a few red flags to trigger the FDNS to have a site visit. For example, the alien workers may be placed at a location that is different from the U.S. employer’s actual work location. These practice and work location arrangements are often occur with alien workers in the Information Technology (IT) field.

Some U.S. service companies employ many alien workers as "consultant", and assign these consultants to work for their "end client" companies at the client's locations. Because these arrangements can be confusing for USCIS, the FDNS conducts the site visits to confirm that the worksite location explanation on the non-immigrant visa application Form I-129 for H-1B, L-1, or O-1 visa is correct, and that the U.S. service companies are truly the alien worker’s employer.

It is very importance to provide true and accurate information on all H-1B, L-1, or O-1 visa applications. The USCIS' Office of Fraud Detection and National Security is very likely to conduct a site visit if the U.S. employer has previously committed immigration visa fraud. If the FDNS finds the fraud, it will carefully review all subsequent immigration petitions filed by the U.S. employer. 

Q: As a manager in a multinational company, I need to apply for a L1A visa to open a new office in United States. What kind of evidence or documents do I need to prepare to apply for the L1A visa? 

A: For a manager or executive to come to United States to open a new office, you should provide the following evidence: 

1) sufficient real estate space has been secured to operate a new office; 

2) you have been employed for one continuous year in the three year period preceding the filing of the L1 visa petition in an executive or managerial capacity, and the proposed employment involves executive or managerial authority over the new operation; 

3) the intended United States operation will support an executive or managerial position.

You may also provide the following information regarding: a) the proposed nature of the office describing the scope of the entity, its organizational structure, and its financial goals; b) the size of the United States investment; c) the financial ability of the foreign entity to remunerate the beneficiary and to commence doing business in the United States; d) and the organizational structure of the foreign entity.

Q: I have a L1 visa in U.S. and working for a small company. Can I apply for U.S. Green Card? or is the L1 visa a "dual intent" visa?

Q: Many foreign nationals seeking nonimmigrant visas are unclear about the “presumption of immigrant intent” and suffer visa denials because they are unable to prove their temporary intent to remain in the U.S. But the H-1B visa and L visa are nonimmigrant visa, and they are the only employment based non-immigrant visa categories where the "dual intent" is recognized by immigration law. 

The U.S. immigration regulations recognize the "immigrant intent" for H-1B visa and L visa (including L1A visa and L1B visa). Therefore, H-1B visa holders and L visa holders can apply for immigration visa inside United States, such as:

1) the labor certification application;
2) an immigrant visa application;
3) adjustment of status application;
4) application for H-1B visa or L visa extension after an immigrant visa application.

While dual intent is recognized for H-1B visa, similar exemptions are not available to foreign nationals in or seeking H-2A, H-2B, H-3 or TN visa classifications.

Q: My company will open a new office in the United States, and will send me to work in the offcie for a short time as a specialized knowledge professional. What kind of visa do I need to apply for? and what are the requirements of "specialized knowledge"? 

A: The L-1B visa enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its foreign offices to one of its offices in the U.S. The L-1B visa also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the U.S. to help establish a new office.

The term “specialized knowledge” refers to the employee’s understanding of the employer company, including its products, services, research, equipment, techniques, management or other interests and its application in international markets, or advanced knowledge of the company’s processes and procedures.

USCIS and consular officers will be looking for knowledge that is not widely held throughout the industry, but is truly specialized. They will also be looking to see that such knowledge is not readily available within the United States.

Q: As a manager in a multinational company, I will soon be transferred to work in the United States. Do I need to apply for L-1A visa or H-1B visa to work in U.S.? What are the requirements and advantages to have L-1A visa over H-1B visa? Can I apply for U.S. Green Card directly?

A: One of the main requirements for the L-1A visa is that an employee of the foreign company must have also worked as an executive or managerial capacity for the foreign entity for at least one continuous year in the past three years before coming to United States. The alien employee then must be sponsored to work in the same capacity for the U.S. entity. An executive or manager with L-1A visa may work in the United States for up to seven years, while the 'specialized knowledge' employee with L-1B visa has up to five years.

The L-1A visa holder may qualify for EB1-Executive or Manager (EB-1C) immigrant category to apply for U.S. Green Card. The L-1A visa is also being increasingly used by international entrepreneurs, because it is extremely flexible as well as the fact that currently there is no quota or cap.

Also, the spouse and children of L-1 visa holders can work in the United States with L-2 visas, and can obtain a work permit (EAD). One of the other advantages that a L-1A visa has over H1-B is that it allows the holder to work in the U.S. for seven years instead of six and, furthermore, the L-1 visa requlation does not require the alien employee to have a college or university degree. 

Q: As a U.S. employer, we want to hire some foreign workers with L1B visa to work at our client site, as an alternative to the H1B visa. What are the USCIS' restrictions for L1B workers for the "specialized knowledge" of the company and the products/service? 

A: The L-1B nonimmigrant visa enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the company’s interests from its foreign offices to one of its offices in the U.S.  The L1B visa enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to U.S. to help establish one.  The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.

Specialized knowledge means either special knowledge possessed by an foreign individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

If the L-1B visa holder will work at employer's client site, the L1B worker should be supervised by a person from the L1B-sponsoring employer, the restriction may apply if the L1B beneficiaries are not doing work that requires specialized knowledge. For example, if a company primarily contracts out employees to various projects that do not require the specialized knowledge possessed by the L1B beneficiary, the L1B petition may not be approved.

Thus, the L1B is not always available as an alternative to the H1B visa. These restrictions are designed to eliminate the practice of characterizing workers as L1B specialized-knowledge workers, when their work could have been performed by workers without any particular experience or familiarity with the company or its products.

Q: My U.S. citizen brother has apply for immigration visa for me several years ago, based on Form I-130. Now, my employer will send me to work in the United States with  H-1B visa or L-1 visa (not sure which view type at this time) for a large engineering project.

Do you think that I may get denied the visa application because of my previous immigration visa application by my U.S. citizen brother? or my potential application of permanent resident in the United States later?

A: If a U.S. consular officer finds you are not eligible to receive a nonimmigrant visa under U.S. law, your visa application will be denied, and you will be provided a reason for the denial. There are many reasons a visa applicant could be found ineligible for a U.S. nonimmigrant  visa.

These reasons or ineligibilities are listed in the Immigration and Nationality Act (INA) and other  U.S. immigration laws. Some ineligibilities can be overcome, either by you, the visa applicant, or the U.S. petitioner, in certain immigrant visa cases. Other ineligibilities are permanent. This means that every time when you apply for a visa, you will be found ineligible under the same section of law, unless a waiver of that ineligibility is authorized by the U.S. Department of Homeland Security.

Unlike most other nonimmigrant categories, H visa and L visa cetegories are not subject to immigrant intent provisions of INA section 214(b) - "Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant ."  It is referred to as the "dual intent" doctrine. The dual intent doctrine is well known, and it is highly unusual for an H-1B or L-1 visa applicant to obtain an H or L visa denial on this basis alone.

The alien applicant applying for H-1B or L-1 visas in dual-intent categories are allowed to possess the intention to immigrate to U.S. in the future. Thus, the H-1B or L-1 visa application should not have been denied for his or her perceived lack of ties to the home country, or the expectation that he or she may eventually seek to become a lawful permanent resident in the United States.

Q: What is the current fee for H-1B or L-1 visa application? is the fee required only for initial petition or change of employer?

A: A law has passed in  U.S. Comgress (Public Law 114-113) to increase the an already high filing fee for H-1B visa and L-1 visa petitions filed by companies that meet certain requirements, the subject employers must pay the increased fee of $4,000 for all new H-1B employees (increased from $2,000), and $4,500 for all new L-1A and L-1B employees (increased from $2,250).

Only companies with fifty (50) employees or more in the U.S., at least 50 percent of whom are in H-1B status or L-1 status, are subject to the fee of $4,000 for H-1B, or $4,500 for L-1. If a company has fewer than 50 employees in the U.S., or if company's combined total of H-1B and L-1 workers is less than 50 percent of its total U.S. workforce, this fee does not apply. The following petitioners must submit the additional fees with an H-1B or L-1 petition filed:

This fee is in addition to the a) Base Processing Fee, b) Fraud Prevention and Detection Fee, c) American Competitiveness and Workforce Improvement Act of 1998 fee (when required), as well as d) the premium processing fee, if applicable.

Subject employers do not need to include the $4,000 or $4,500 fee each time an H-1B visa or L-1 visa petition is filed to USCIS. An employer generally is required to pay the fee only one time for such employee. It is important for employers to properly assess filing fee requirements. H-1B or L-1 petitions filed without the correct filing fees may be rejected directly.