The executive, manager, or person with specialized knowledge is required to have worked outside of the United States for one continuous year within three years prior to entry into the U.S. under “L” status. This work must have been performed as an executive or manager within a parent, branch, subsidiary, or affiliate of the U.S. company. The visa is granted for seven years to managers and executives and for five years for employees with specialized (proprietary) knowledge of the company's product or service. The initial grant is for one to three years, typically depending upon the capital vested in the U.S. company. Extensions are granted for periods of two years so long as operations are maintained both within the U.S. and the overseas parent, branch, subsidiary, or affiliate of the U.S. company.

   Moreover, the year of requisite continuous employment outside of the U.S. prior to under L-1 status need not occur in the same country. Even business trips to the U.S. from a place of business outside of the U.S. are permitted and do not toll a new year, nor will they contribute to the qualifying year within three years prior to entry. For example, an employee of Hard Rock Cafe, Manila, who as a Philippine citizen began employment as an executive on November 1, 2002, who then travels to New York City entering the U.S. with a B-1 visa as a business visitor for two months before returning to the home country, cannot qualify for an L-1 visa as of November 1, 2003, but will have to have waited until January 1, 2004 to qualify.

   The L-1 is a very flexible and accessible visa for a full array of international business managers, ranging from executives to entrepreneurs, who function within business entities ranging in size from sole proprietorships to massive multi-national firms. The affiliation between the firm in the U.S. and foreign firm may be close, as exemplified by a multi-national corporation doing business in both countries. On the other hand, the affiliated companies may be loosely connected, as exemplified by one individual playing a managerial or executive role over two different sole proprietorships, each in a different country. The U.S. firm need not be American owned or incorporated; rather, it may be owned by foreign nationals, incorporated in another country, so long as it is doing business in the United States. However, processing will be eased by filing a corporation in the United States that either provides the umbrella for international business operations or is incorporated within a foreign corporation. Furthermore, the affiliated business entities need not be in the same line of business, nor do they need to conduct international trade under the auspices of a treaty on bi-lateral trade, as is required for treaty trader visas. The treaty trader visa shall be discussed within a separate article.

   The L-1 allows admission into the United States to start up a new company affiliated with the foreign business entity, accomplishing the same purpose as the E-2 treaty investor visa, also discussed in a separate article. Yet, the L-1 visa is not limited to persons from a country that has signed a bi-lateral investment treaty with the United States, as required for the E-2 treaty investor visa. Moreover, start-up costs for an L-visa typically may be less than that required for the E-2 visa, as the amount of capital invested or created is not at issue, as is the case with the E-2 investor visa. Once the Department of Homeland Security, (DHS), is satisfied that the new company is proven to be solvent, scrutiny is directed towards the “L” visa holder’s function as an executive, managerial or employee with specialized knowledge. This makes the L-1 visa usually more accessible to many investors than the E-2 visa. However, the “L” visa is extended for a limited duration. On the other hand, the E-2 visa is usually issued for three to five years, and my be extended without limitation so long as the investment in the U.S. remains “substantial.”

   The L-visa is so flexible as to not be confined to persons employed by businesses. Affiliated entities can be non-profit corporations whose activities are primarily religious or cultural. It is important to note, however, that religious workers are usually more easily admitted as R-1 non-immigrants or as special immigrants, while cultural exchange workers may be more appropriately admitted as Q-1 non-immigrants. Both of these other options should be explored as being possibly more appropriate for Philippine employees of non-profit organizations operating both within the United States and the Home country.

   Intra-company transferees, who are managers or executives, are afforded the benefit of immigrating to the United States with a high priority employment based visa preference category without submitting a labor certification. A labor certification is a time consuming procedure before the U.S. Department of Labor, now requiring well over a year to complete before a visa petition can be filed before the DHS. Labor certification applications are required to precede most employment based immigrants, with exception to certain high priority employment classifications and immigrant investors (investing at least $500,000 in the U.S.). While persons employed by large established multinational corporations may immediately immigrate to the U.S. as first preference employment based immigrants, newly started U.S. operations are expected to develop substantial and lasting business relationships and usually must show a U.S. payroll in order to justify a grant of permanent resident status without a labor certification application. This is not a bright line test, but the intending immigrant will always benefit if employed by a U.S. company that is profitable and backed up by substantial capital invested in the U.S.

   Unlike the tourist visa, the L-1 visa holder is generally not required to prove an intent to return to their nation of origin and may apply for a green card after entry into the United States. However, if a green card is not obtained in the allotted period of time, the L-1 visa holder must leave the United States for at least a year before being allowed to re-enter in “L” status and must able to prove their willingness to do so to a consular officer before being granted the visa.

   The spouse and children of the L-1 non-immigrant visa holder may accompany the principle visa holder in L-2 derivative status. Although not authorized for employment under this status, derivative family members are entitled to attend any public or private school without the restrictions recently imposed by the U.S. Congress on foreign students through recently implemented legislation. Moreover, where multinational corporations have established operations both within the U.S. and the home country, then, several managers or executives performing the same kind of employment may by sponsored for entry into the United States on the same petition, called a blanket petition, saving time, legal fees, and filing fees.

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