Trump’s “Buy American, Hire American” executive order, signed on April 18, 2017, sought to create higher wages and employment rates for U.S. workers and to protect their economic interests by enforcing immigration laws. Under the Trump administration, an executive order by American higher Americans had impacts on certain types of visas.

The L-1, intracompany transferee visa, is a very useful visa for multinational companies, that is, companies that are both inside the United States and physically outside the United States, who are seeking to expand, establish, and develop inside the United States.

Make sure you know the difference between the L-1A and L-1B; as the latter does not lead to the green card. We notice a lot of people calling unaware their employer did not petition them for the L-1A and thus cannot get the green card.

What is L-1 status:

The L1 classification permits employment for qualifying managers, executives, and employees with specialized knowledge on a temporary basis at company within the United States.
The L-1A gives a total of seven years. The L-1B gives a total of five years. If the US company is a new office (less than 12 months), you initially can request one year under the L1A and then two subsequent extensions of three years each, giving a total of seven years.
The L1A permits the applicant, to apply for their green card if certain conditions are met. Once the main applicant receives the green card, so does their dependent spouse and any children under the age of 21 (unmarried). It is very important to make sure all your children have their green cards because once they turn 21 years they are no longer permitted as your L-2 dependent and must either depart the US or change their legal status to another classification, such as a student visa etc. This can be stressful on families as you want all your family members legally protected. Early planning is critical ion ensuring
The L1B classification does not permit the applicant to apply for their green card.

Under the L1A green card application, please listen to our audio as we have discussed this the documentation required to get an approval with tips on filing etc. There is no labor certification required when applying for your green card under an L1A intracompany visa petition.

You can apply for the L-1 visa either if you are outside the US or inside the US. If outside the United States, once USCIS approve your application then it will go to the US Embassy where you are physically located where you will have an interview, and the consulate office will issue the L-1 visa into your passport. It is a multiple entry visa. L-2 spouse will receive an unrestricted work permit, permitting them to work for anyone inside the States and/or run their own US business. L-2 children are not permitted to work, they are permitted to attend school.

The legal standard for these petitions is the preponderance of evidence, and that burden is on the L-1 petitioner. The preponderance of evidence standard means “more likely than not,” and this is the correct standard that USCIS adjudicators use to review L-1 petitions.

L1 Manager and Executive:
USCIS is very strict in adjudicating L-1 cases and the positions entered. We deal with many cases where an L petition is denied or receives a large RFE due to co-mingling of Managerial and Executive roles.
An L-1A manager or executive is defined under INA section 101.
For example, a manager manages the organization or a department, subdivision, function, or component of the organization. A manager supervises and controls the work of other supervisory, professional, or managerial employees or manages an essential function within the organization or a department or subdivision of the organization. A manager has the authority to hire and fire or recommend those, as well as other personnel actions. A manager exercises discretion over the day-to-day operations of the activity.
An L-1A executive directs the management of the organization or a major component or function of the organization. The executive establishes the goals and policies of the organization, component, or function. The executive exercises wide latitude in discretionary decision-making and receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
USCIS is very clear that you cannot commingle either the managerial or executive roles and we have many clients come to us over the years where they had an L1 petition denied filed by another attorney to later get an approval by clarifying the distinguishing the applicant’s role. You have to be clear on which position you are applying for.

What is a Function Manager:
What is a function manager? USCIS requires evidence that a function manager does not directly perform the function. A beneficiary may qualify in this capacity based on the beneficiary’s position within the organizational hierarchy, the depth of the petitioner’s organizational structure, the scope of the beneficiary’s authority and its impact on the petitioner’s operations, the indirect supervision of employees within the scope of the function managed, and the value of the budgets, products, or services that the beneficiary manages.
Therefore, the petition should clearly identify the function and describe its place within the organization. You should also identify which individual in the organization will carry out the function managed by the beneficiary.
If you wish to be classified as an employee as a function manager, then our office reviews two AAO decisions that USCIS has adopted, and we will provide you with further instructions and requirements for the function manager.

What is L-1B specialized knowledge:
L-1B. Specialized knowledge employee regulations define specialized knowledge as special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, and other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. The statutory definition is composed of two equal but distinct subparts, and the beneficiary must satisfy either prong of the definition.
Special knowledge is knowledge of the petitioning employer’s product, service, research, equipment, techniques, management, or other interests and its application in international markets that is demonstrably distinct or uncommon in comparison to that generally found in the particular industry or within the petitioning employer.
Advanced knowledge is the knowledge or expertise in the organization’s specific processes and procedures that is not commonly found in the relevant industry and is greatly developed or further along in progress, complexity, and understanding than that generally found within the petitioning employer.

General beneficiary applicant requirements
The L-1 employee must have worked abroad, that’s outside the United States, for the foreign company (parent, branch, affiliate of subsidiary of the U.S. petitioning company); for one continuous year (365 days) within the three-year period preceding the filing of the I-129 L-1 petition. The L-1 will enter the States to work full time to work for the same employer, affiliate or subsidiary. Must continue to work in a managerial or executive capacity; however, does not need to perform the same work in the US
You can either file an L-1 petition when the applicant is outside of the United States, or if the applicant is already inside the United States, you can file a change of status to an L-1.
If you are filing a change of status with the applicant inside the United States, the applicant beneficiary can only commence work under the L-1 once the L-1 change of status is approved and not before. If you are outside of the United States and you have filed an L-1 application with USCIS, once USCIS approves the L-1 application petition, your L-1 petition is forwarded to the U.S. consulate or embassy where you reside. You will have an interview, present further documentation, and once approved, the consular officer will issue you the L-1 visa stamped into your passport.

What is a new office under an L-1 visa?
A new office is defined as an organization that has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year. To support a new office petition, substantial supporting documentation will be required, such as evidence of sufficient office space, which should include photos, and an explanation of whether the U.S. entity will serve as a sales office or representative agency. Additional required documentation includes financial viability and business formation papers, such as articles of incorporation, ownership, and control of the qualifying U.S. entity.

What is a blanket L petition?
An L-1 blanket petition enables quicker adjudications with greater flexibility. A beneficiary with one year of qualifying experience within the last three years can apply for an L-1 visa directly at the U.S. consulate without first obtaining approval of an L visa through an I-129 petition by USCIS. The following requirements are necessary to qualify for a blanket L petition:
• The petitioner and each of the qualifying entities 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 or foreign branches, subsidiaries, or affiliates.
• The petitioner or the qualifying organization has obtained approval of petitions for at least ten L managers, executives, or specialized knowledge professionals during the previous twelve months, or has U.S. subsidiaries or affiliates with combined annual sales of at least $25 million or has a U.S. workforce of at least 1,000 employees.

Immigrant intent is not relevant. Ls are excluded from the presumption of immigrant intent and do not need to keep a residence in their home country when in L status.

Parent and subsidiary companies do not need to be in the same business. We assist many clients that work in a different sector in the foreign company to what they now wish to work in the US.

L visas are a great way to remain in the United States for long periods of time and if you are eligible you may qualify for a green card. Listen to Caro’s audio on L interviews, types of evidence to get an approval and set up a consultation to speak with her today.