L1 Status:
Employees who have worked for a particular company abroad for at least one full
year may be eligible for an L-1 (Intracompany Transferee) visa. Intracompany
Transferees include managerial and executive employees (L-1A) and employees
with "specialized knowledge" of the company's processes and procedures (L-1B).
1) Eligibility
requirements for an L-1 Visa
The employee must have worked abroad for at least one year in the last three
years in either a "specialized knowledge" capacity or as a manager or executive.
There is one exception: a transfer under a pre-approved "blanket L petition"
requires the employee to have worked in the foreign company for only six months.
A U.S. company must be requesting that the employee be transferred to the U.S.
to assume a specialized knowledge or managerial or executive position.
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2) What is "specialized knowledge"?
"Specialized knowledge" is knowledge of the employer's products, 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.
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3) What steps are involved
in the processing of an L-1 application?
The employer must file an L-1 petition with the appropriate USCIS regional service
center. A beneficiary from Canada can apply for the L-1 at the border and does
not have to wait on the regional service center.
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4) How long will it take to
go through the L visa process?
Processing times for the L-1 process will vary depending on the employee's qualifications
and government backlogs at the relevant U.S. consular post and the USCIS. On
average, processing time of an L visa application at a consular post is 3-5
business days, processing time at the USCIS is usually four to eight weeks.
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5) Extension of L-1 visa status
Extensions of L status should be filed during the six-month period prior to
expiration of current stay. Extensions are generally granted in two-year increments,
up to a maximum of five years for specialized knowledge employees (L-1B) and
seven years for managers and executives (L-1A). This time is cumulative of all
U.S. stay in H or L status for any employer. If the extension application is
filed prior to expiration of the current authorized stay, you automatically
have continued work authorization for up to 240 days while the application is
pending. There may be restrictions on international travel, however, while the
extension application is pending. Consequently, it is recommended that the extension
be filed approximately five months prior to expiration of current stay for those
individuals with international travel plans.
You should contact HR or Kuck Casablanca & Odom, LLC approximately six months prior
to expiration of your current L visa status to ensure sufficient time remains
to process an extension.
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