Chapter 1 - Purpose and Background (2024)

A. Purpose

The L-1 nonimmigrant visa classification enables a U.S. employer that is part of an international organization to temporarily transfer employees from one of its related foreign offices to locations in the United States.[1] Specifically, the L-1A classification applies to intracompany transfers of managers and executives, while the L-1B classification applies to intracompany transfers of employees with specialized knowledge relating to the organization’s interests.

B. Background

1. 1970 Amendments to the Immigration and Nationality Act

In 1970, Congress created the L-1 program after concluding that existing immigration laws had restricted the transfer and development of personnel from abroad who were vital to the interests of U.S. businesses.[2] Congress created the L-1 visa classification for noncitizens who:

“Immediately preceding the time of [their] application for admission into the United States, [had] been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who [seek] to enter the United States temporarily in order to continue to render [their] services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge…”[3]

Congress believed that the L-1 classification would enable companies to freely transfer managerial, executive, and specialized knowledge personnel within their organizations (intracompany transferees), but the legislative history indicates that Congress intended for the class of eligible persons to be narrowly drawn and carefully regulated. Congress anticipated that the L-1 petition process would be administered speedily and efficiently, so that while the review would be thorough, it would not hinder international companies with undue delays.[4]

2. Immigration Act of 1990

The Immigration Act of 1990 (IMMACT 90) created the L-1 visa classification as it substantially exists today.[5] It increased the maximum period of admission for executives and managers from 6 to 7 years, while limiting persons possessing specialized knowledge to a maximum period of 5 years. IMMACT 90 also allowed noncitizens to qualify for L-1 classification by serving the organization abroad for 1 of the 3 years preceding admission. The 1970 amendments had required that the employment abroad occur within the year immediately preceding admission.

IMMACT 90 also codified the blanket petition process first created by legacy Immigration and Naturalization Service regulation in 1983[6] meant to streamline the admission of L-1 beneficiaries.[7] Further, it eliminated the presumption of immigrant intent within the L classification.[8] IMMACT 90 also provided definitions of managerial capacity, executive capacity, and specialized knowledge, and expanded the definition of affiliate to include the international partnership agreements used by international accounting firms.[9]

3. Nursing Relief for Disadvantaged Areas Act of 1999

The Nursing Relief for Disadvantaged Areas Act of 1999 expanded the definition of affiliate to include the international partnership agreements used by international management consulting firms.[10]

4. L-1 Visa Reform Act of 2004

Congress established further requirements for the adjudication of L-1B petitions when it enacted the L-1 Visa and H-1B Visa Reform Act of 2004 (VRA).[11] This legislation addressed the outsourcing of L-1B beneficiaries to third-party work sites as labor for hire. The VRA requires that any beneficiary with specialized knowledge who will be primarily located offsite must be controlled and supervised by the petitioning company. Additionally, the beneficiary must be working at the offsite location in connection with an exchange of products or services between the petitioning company and the unaffiliated company for which specialized knowledge specific to the petitioning company is required.

In addition, the VRA requires petitioners to pay a fraud prevention and detection fee of $500 for certain L-1 petitions, in addition to the filing fee required for all L-1 petitions.[12] The L-1 petitioner must pay this fee when petitioning for an initial L-1 grant for the beneficiary or when the beneficiary is already an L-1 nonimmigrant and is changing employers.

5. Emergency Supplemental Appropriations for Border Security for Fiscal Year 2010

The Emergency Supplemental Appropriations for Border Security for the Fiscal Year Ending September 30, 2010 required certain L-1 petitioners to pay a fee of $2,250 in addition to the filing fee for all L-1 petitions and the fraud prevention and detection fee.[13] This fee only applied to petitioners who employed at least 50 employees in the United States, and more than 50 percent of these U.S. employees were L-1 or H-1B nonimmigrants. If the petitioner met these criteria, then it was required to pay this fee when petitioning for an initial L-1 grant for the beneficiary or when the beneficiary already was an L-1 nonimmigrant and was changing employers. Initially due to sunset on October 1, 2014, Congress extended collection of this fee through September 30, 2015.[14]

6. The Consolidated Appropriations Act of 2016

The Consolidated Appropriations Act of 2016[15] increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015. The additional fees apply to petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L-1 (including L-1A and L-1B) nonimmigrant status. These petitioners must submit the additional fees with an H-1B or L-1 petition filed:

  • Initially to grant status to a nonimmigrant described in subparagraph (H)(i)(b) or (L) of section 101(a)(15) of the Immigration and Nationality Act; or

  • To obtain authorization for a nonimmigrant in such status to change employers.

The Consolidated Appropriations Act of 2016 fee increases are in addition to the base processing fee, fraud prevention and detection fee, and the premium processing fee, if applicable. The Consolidated Appropriations Act of 2016 fees remain effective through September 30, 2027.[16]

C. Legal Authorities

Footnotes

[^ 1] The term L-1 is used for visa issuance and admission purposes. USCIS uses the "A" and "B" distinctions internally for statistical and other purposes.

[^ 2] See H.R. Rep. 91-851 (1970).

[^ 3] See Pub. L. 91-225 (PDF), 84 Stat. 116 (April 7, 1970), amending INA 101(a)(15)(L).

[^ 4] See H.R. Rep. 91-851 (1970).

[^ 5] See Pub. L. 101-649 (PDF), 104 Stat. 4978 (November 29, 1990).

[^ 6] See 48 FR 41142 (PDF) (Sept. 14, 1983).

[^ 7] See INA 214(c)(2)(A).

[^ 8] This allowed noncitizens to seek temporary classification as an L nonimmigrant while also intending to reside permanently in the United States. Therefore, the approval of a permanent labor certification or the filing of an immigrant visa petition on behalf of a noncitizen beneficiary cannot be the basis for denying an L-1 petition or the beneficiary’s application for admission as an L nonimmigrant. See 8 CFR 214.2(l)(16).

[^ 9] See 8 CFR 214.2(l)(1)(ii)(L)(3).

[^ 10] See Pub. L. 106-95 (PDF), 113 Stat. 1312 (November 12, 1999).

[^ 11] See Division J, Title IV of the Consolidated Appropriations Act of 2005, Pub. L. 108-447 (PDF), 118 Stat. 2813, 3351 (December 8, 2004).

[^ 12] For more information on the current L-1 filing fee, see the H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker webpage.

[^ 13] See Title IV of Pub. L. 111-230 (PDF), 124 Stat. 2485, 2487 (August 13, 2010).

[^ 14] See James Zadroga 9/11 Health and Compensation Act of 2010, Pub. L. 111-347 (PDF), 124 Stat. 3623 (January 2, 2011).

[^ 15] See the Consolidated Appropriations Act of 2016, Pub. L. 114-113 (PDF), 129 Stat. 2242 (December 18, 2015).

[^ 16] For comprehensive information on relevant fees, see the Filing Fees webpage.

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Chapter 1 - Purpose and Background (2024)

FAQs

What is the purpose of the Immigration and Nationality Act? ›

The Immigration and Nationality Act abolished quotas, opening the doors to "those who can contribute most to this country – to its growth, to its strength, to its spirit." The new law created a preference system that focused on immigrants' skills and family relations with citizens or U. S. residents. President John F.

What does the USCIS background check look for? ›

The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI). In addition, USCIS conducts other inter-agency criminal background and security checks on all applicants for naturalization.

What is the purpose of the naturalization process? ›

Naturalization is commonly referred to as the manner in which a person not born in the United States voluntarily becomes a U.S. citizen. People not born in the United States who want to become citizens of the United States must go through a legal process to become naturalized citizens.

What are the purposes of immigration? ›

Immigration is the process of moving to a new country or region with the intention of staying and living there. People may choose to immigrate for a variety of reasons, such as employment opportunities, to escape a violent conflict, environmental factors, educational purposes, or to reunite with family.

What is the purpose of U.S. immigration? ›

Federal immigration law determines whether a person is an alien, as well as the rights, duties, and obligations associated with being an alien in the United States. It also provides the means by which aliens can become legally naturalized citizens with full rights of citizenship.

What is the purpose of legal immigration? ›

The Immigration and Nationality Act (INA) makes visas available to qualified immigrant investors who will contribute to the economic growth of the United States by investing in U.S. businesses and creating jobs for U.S. workers.

What things appear on a background check? ›

Background checks look to verify details regarding an individual's identity, social security, past residences, criminal history, employment history, credit, and driving records. Employers can then use this information to make well-informed decisions about candidates, fostering safe and trustworthy workplaces.

What matters most in a background check? ›

Criminal History Matters Most

Criminal history is significant regarding background checks as it directly influences an employer's assessment of a candidate's suitability for employment. Employers often prioritize this aspect due to its potential impact on workplace safety, security and overall risk mitigation.

What disqualifies you from getting a green card? ›

These include crimes of "moral turpitude," multiple crimes, and specified crimes such as drug trafficking, prostitution, commercialized vice, money laundering, severe violations of religious freedoms as an official working within a foreign government, and fraud.

What 3 things are required of all applicants for naturalization? ›

Gaining Citizenship: The Basic Requirements

Once permanent resident status is achieved, the five-year (or three-year, if married to a U.S. citizen) countdown begins. Within this window, applicants must meet residency, good moral character, and civic knowledge requirements.

What are the 4 requirements for naturalization? ›

Be of the minimum required age (typically, at least 18) Continuously and physically live in the United States as a green card holder for a certain number of years. Establish residency in the state or U.S. Citizenship and Immigration Services (USCIS) district where they intend to apply. Have “good moral character”

What is the difference between a citizen and a naturalized citizen? ›

Basic Differences

A U.S. Certificate of Citizenship is granted to a person who acquires or derives citizenship from his or her birth to U.S. parents. A naturalization certificate, on the other hand, is granted to a person who becomes a citizen through the naturalization process.

What could be a reason for this immigration? ›

Quality of Life Factors

Conditions that influence an individual's quality of life vary from person to person, but may be the leading factors leading to immigration. These can include labor standards, poverty, and the overall state of a country to provide a quality life.

What are the five primary purposes of immigration policy? ›

U.S. immigration policy is governed by five broad goals: (1) the social goal of family unification, (2) the economic goal of increasing U.S. productivity and standard of living, (3) the cultural goal of promoting diversity, (4) the moral goal of promoting human rights, and (5) the national and economic security goal of ...

What was the primary reason for the Immigration Act? ›

In all of its parts, the most basic purpose of the 1924 Immigration Act was to preserve the ideal of U.S. homogeneity. Congress revised the Act in 1952.

What was the goal of the Immigration and Nationality Act of 1924? ›

To further limit immigration, this law established extended "national origins" quotas, a highly restrictive and quantitatively discriminatory system. The quota system would remain the primary means of determining immigrants' admissibility to the United States until 1965.

What is the purpose of the Immigration and Naturalization Service? ›

The Immigration and Naturalization Service (INS) was established under the Department of Labor in 1933 through the merger of the Bureau of Immigration and Bureau of Naturalization. The role of the INS was to administer matters related to establishing immigration and naturalization policy.

What was the purpose of the 1952 immigration and naturalization Act? ›

Preference system

The 1952 Immigration and Nationality Act removed the contract labor restriction, introducing employment-based preferences for immigrants with economic potential, skills, and education.

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