News

L-1 Visas Come Under Scrutiny

By Aparna Dave | Friday, 18 July 2003, 00:00 Hrs

What are the issues in this dual intent visa category?

The Bureau of Citizenship and Immigration Services (BCIS) plans to scrutinize the L-1 visa program to assess whether this visa category is being used as Congress had intended.

THE CONTROVERSY ON WHETHER FOREIGN workers are replacing the American Workforce has become a heated debate in todays declining economy. The American workers feel that their jobs are being taken away by foreign workers who are being paid a substantially low salary, while the employers argue that the decision to hire foreign workers is not based on reducing overheads but is based on skills and abilities of the foreign workers. The BCIS argues that L-1 was not intended for those U.S. employers who are bringing foreign workers to work on projects of another employers.

In response to protests by the American workforce, Representative John Mica (R-FL) has introduced H.R. 2154 that would amend some L-1 rules. H.R. 2154 will prevent employers from placing an L-1 employee with another employer. This bill if passed will require L-1 employers to file an application with the Secretary of Labor stating that the employer will not place the L-1s with another company where the non-immigrant will perform duties at a worksite owned, operated and controlled by such other employer and there are indicia of an employment relationship between the L-1 and another employer. This bill will also require employers to make these applications available for public inspection a list of such applications, classified by employer and occupation. If this law is passed several companies making use of the L-1 category are going to be affected.

The L non-immigrant visa is available to international companies who need to bring foreign employees to the U.S. temporarily to utilize the foreign employees managerial abilities and specialized knowledge for the establishment or growth of the U.S. companies. To qualify for the L visa the employee must be continuously employed for one of the past 3 years by parent, affiliate or subsidiary of U.S. company preceding his/her application for admission. The employee seeks to enter U.S. temporarily to continue to work for same employer or its affiliate or subsidiary. The employee is not required to perform full-time services in the U.S. but must dedicate a significant portion of his or her time on a regular and systematic basis. The employee must continue to work in capacity that is managerial, executive or involves specialized knowledge.

L-1 employees, who come to the U.S. as Executives and Managers, manage the organization or a department, sub-division, function or component of the organization. They supervise and control the work of other supervisory, professional or managerial employees, or manage an essential function within the organization or a department or subdivision of the organization. These employees have the authority to hire and fire or recommend their staff for promotions or leave, and exercise discretion over the day-to-day operations of the activity or function for which the employee has authority.

L-1 employees under the Executive and Managers category are eligible to apply for permanent residency under the EB1 category for priority workers, which means that they are exempt from the labor certification requirement.

L-1 employees who come to the U.S. with specialized knowledge are individuals who have advanced level of expertise and knowledge of the organizations products, services, research, equipment, techniques, management etc. and are uniquely qualified to contribute to the U.S. employers knowledge of foreign operating conditions. The U.S. employer must be able to prove that such expertise is not readily available in the U.S. market.

L-1 are admitted to the U.S. for an initial period of three years which can be extended in two year intervals upto a maximum of seven years for executives and managers, and five years for a specialized knowledge transferee.

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