MANY people have come to us lately asking about L visas, a U.S. visa category that some CNMI businesses have successfully utilized to transfer high level managers and executives to Guam or other parts of the U.S.
The L visa fosters the development of international trade by allowing high level managers and executives (L-1A), and specialized knowledge employees (L-1B) to transfer between related foreign and U.S. companies. One of the quirks of the application of U.S. immigration law under the Covenant has been that all CNMI businesses are considered “foreign” for immigration purposes, while those in Guam, other U.S. territories and the 50 States are “U.S.” businesses. Beginning November 28, however, all CNMI-based businesses will become “U.S.” businesses. With one exception, discussed below, CNMI companies will no longer be able to use L-1 to transfer employers to the rest of the U.S., but will be able to bring L-1 transferees to the CNMI from foreign countries.
Who qualifies for an L Visa?
The L-1 visa is available for employers to transfer high level managers and executives, and specialized knowledge employees, who have worked at least one of the past three years for the foreign parent, subsidiary, affiliate, or branch of a U.S. company. “Managers” supervise other employees, or control an essential function of a company, on a day to day basis. “Executives” oversee the operation of the corporation or a major part of it, set policy and operate with little supervision. “Specialized knowledge employees” are professionals with knowledge specific to the employee, regarding either the company’s products, services or markets, or specialized knowledge of the company’s proprietary activities. Spouses and children of L-1 visa holders qualify for the L-2 visa; L-2 spouses are allowed to obtain employment in the U.S., and L-2 children are allowed to attend U.S. schools. The “Blanket L-1” visa is a procedure by which a large employer pre-qualifies to employ L-1 employees, and therefore can quickly transfer L-1s without filing a petition, although a form still must be submitted to the appropriate U.S. consulate to obtain each individual L-1 visa. Blanket L-1 employers must meet special requirements: they must have had their U.S. for at least a year; must have at least 3 branches, subsidiaries or affiliates; and either annual U.S. sales of $25 million, at least ten L-1 approvals in the previous year, or U.S. workforce of at least 1,000.
Why would the employer or the employee want L visa status?
The L-1 visa is a nonimmigrant visa, and provides for liberal treatment of the primary visa holder’s family members, who may work (spouses) or go to school (children) in the U.S. without obtaining separate visas. L-1A visas are good for up to 7 years, L-1B visas for up to 5 years. (In order to “renew” the L-1, the worker must spent a year outside the U.S., during which he or she must re-qualify for L-1 by working for the employer’s foreign component.) More important, perhaps, the L-1 is one of the very few “dual intent” visas, which allow the nonimmigrant visa holder to have “immigrant intent.” (The others include H-1B professionals, O-1 individuals of extraordinary ability, K fiancées, spouses and their minor children, R-1 religious workers, and V spouses and minor children of lawful permanent residents.) Ordinarily, an applicant for a nonimmigrant visa, which by definition is temporary in nature, must not also intend to immigrate (obtain a green card), and a visitor to the U.S. who conceals his or her intention to immigrate may be denied admission, and even end up permanently barred from the U.S. for visa fraud.
The L-1 visa holder (and spouses and minor children) may apply for permanent residence after the L-1 visa is issued. An intra-company transferee who qualifies for an L-1 may also apply for permanent residence with the original petition, although this is a bit more complicated and document intensive.
Questions about L Visas
Q: I am currently holding an L-1 visa and working in the Guam branch of a CNMI company. I also have a valid CNMI entry/working permit. Do I need to go back to Saipan before November 28 to keep my Saipan employment status?
A: You only need to return if you think you might want to convert to a CW status at some time in the future. After November 28, your CNMI Entry Permit will only operate as evidence of your status as a Foreign National Worker; it will not work as a visa to re-enter the CNMI. However, you can enter the CNMI on your L-1 visa.
Q: Can I stay in Guam until just before my L-1 visa expires, then return to the CNMI and convert to a CW status?
A: If you stay in Guam, you will not be able to convert to a CW directly. You will have to return to your country of origin and have your application processed through the State Department at the U.S, embassy or consulate there. To be eligible for a CW from inside the CNMI, you must meet the following qualifications: (1) be “lawfully present” in the CNMI on and after November 28 and live in the CNMI; (2) be petitioned for by an employer in a job category that needs foreign workers to supplement the resident workforce; and (3) be not otherwise inadmissible to the United States. To be eligible for a CW status from outside the CNMI, you must meet conditions (2) and (3)
Q: What will happen if I am off-island on and after November 28? Do I lose my CNMI employment status automatically?
A: No, you don’t lose it but you can’t use it to enter the CNMI.
Q: Is CW1 the only visa acknowledged by USCIS upon entering the CNMI?
A: No. After November 28, You can use any valid U.S. visa to enter the CNMI, including L-1.
Q: If I use my L-1 visa to enter the CNMI after November 28, and I have a valid CNMI 240K entry permit as well, can I resume my CNMI employment status?
A: Frankly, we don’t know what happens to your CNMI employment status if you enter with an L-1 visa. The continuity of the CNMI labor system is one of the unresolved issues raised by federalization. However, you don’t need a 240K permit to work in the CNMI. Your L-1 visa allows you to work in the CNMI and Guam, or anywhere in the U.S. for that matter, as long as your company has a branch there.
Q: Can I still renew my L-1 visa after the federal takeover of immigration?
A: No. After November 28, the CNMI is no longer considered “foreign” for purposes of L visas. Your basis for an L visa therefore disappears. The L-1 visa you already have will be honored until its expiration date but it cannot be renewed. The only circumstance under which you could renew your L visa is if your company were to have, or open, an affiliate in a foreign country.
Q: What about my family? They are here with me in Guam with both an L-2 visa and a valid CNMI work permit. Can they return to the CNMI?
A: Your family can go anywhere you can go. But since you cannot renew your L-1 after it expires, you will need to get some kind of U.S. visa status for all of you. The simplest thing would have been to apply for a green card based on your LI qualifications. After November 28, however, your basis for L-1 disappears; therefore that window of opportunity is now closed. Again, the one exception is if your employer has a foreign component and you worked as an employee in the CNMI prior to November 28, your employer may still be able to present a new L-1 petition for transfer to Guam or other parts of the U.S.
There are 18 calendar days and 13 working days left until November 28.
The information contained in this column is intended as general information only, and not as individual legal advice. Readers should obtain professional legal advice before taking action with respect to their individual situations. Readers may submit questions regarding federalization or immigration issues to the authors by e-mail to
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. Readers may also e-mail written questions through the Marianas Variety at
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