L Visas are issued pursuant to [INA §101(a)(15)(L), 8 U.S.C. §1101(a)(15)(L), 8 C.F.R. §214.2(l); 22 C.F.R. §41.54; 9 FAM 41.54.
1.a. L-1 status may be accorded to an alien who, within 3 years preceding his application for admission, was employed abroad continuously for one year by a parent, branch, affiliate, or subsidiary of the U.S. petitioning company. In the case of a person being transferred where the importing employer has filed a blanket L, the transferee must also have worked for the company abroad for at least 12 months. INA §214(c)(2)(A); AFM at 32.5.
1.b. Employment by a firm, corporation or other legal entity or its parent, branch, affiliate or subsidiary-Includes profit, nonprofit, religious, charitable organizations. 9 FAM 41.54 N.7.3; See Matter of Church of Scientology Int'l, 19 I&N Dec. 593 (Comm. 1988); Form of entity not relevant. Id.; Johnson-Laird, Inc. v. INS, 537 F.Supp. 52 (D. Or. 1981). Also includes accounting or management consulting firms with an internationally recognized presence notwithstanding their status as partnerships. IMMACT90 §206(a). An international management consulting firm that separates from an international accounting firm, but maintains the qualifying worldwide organizational structure may obtain L-1s.
Alien seeks to enter U.S. temporarily to continue to work for the same employer or its affiliate or subsidiary. Full-time U.S. employment is not required, but employee must dedicate a significant portion of time on a regular and systematic basis. O.I. §214.2(l)(5)(ii)(B). DOS takes the view that while full-time employment is anticipated, the beneficiary does not have be in the U.S. on a full-time basis. The person's principal purpose in the U.S., however, must be consistent with L status.
Must continue to work in a managerial or executive capacity (L-1A) or in a position involving specialized knowledge (L-1B). IMMACT90 §206(a).
The INA §214(b) presumption of immigrant intent is not applicable to Ls. Thus, a petition for an immigrant visa may be pending while person maintains L-1 status.
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