L-1 Visa: Transferring Employees From Overseas for Work in the U.S.

By Michael Wildes Partner , Wildes & Weinberg | May 08, 2011

Few industries can boast the worldliness of the hospitality industry. As hotels and lodges seek out tourist hubs and travel spots worldwide, the industry has largely trended toward international expansion. Today Americans can travel to any corner of the globe and find a hotel brand that they know and trust.
Just as the industry's patrons are traveling now more than ever, employees, too, are increasingly being transferred from one overseas location to another. When certain requirements are met, employees from the international office of one company can be transferred to a domestic office with relative ease courtesy of the L-1 intra-company transfer visa.

In particular, we are aware of one major, international hotel chain that has a smart, established practice of bringing interested employees to the United States as J-1 visa trainees. The trainees spend a year becoming familiar with the company's signature practices, then return to an office abroad in a management capacity to implement the skills they have learned. If the company wishes for them to return to the United States, the employees are well positioned to become L-1 visa intracompany transfers, for reasons that will be outlined below. Such programs attract motivated job candidates, offer upwardly-mobile career paths and build a well-trained job corps for the hotel. For other hotels large enough to do so, taking advantage of the L-1 visa program is a winning move.
Who is eligible?

In order for an intracompany employee transfer to qualify for an L-1 visa, a qualifying relationship must first be established between the U.S. and the overseas entity. According to the United States Citizenship and Immigration Service (USCIS), the overseas office must be a parent company, branch, affiliate, subsidiary or joint venture of the American entity. Given the nature of the hospitality industry, satisfying this requirement should pose little difficulty, with the exception of boutique hotels and some lodges.

Only certain employees are eligible for L-1 visa classification. They must be either managers, executives or "specialized knowledge" employees. Managers and executives apply for L-1A visas and professionals possessing "specialized knowledge" apply for L-1B visas. USCIS considers specialized knowledge to consist of proprietary skills, knowledge and/or experience of a company's procedures, systems or services. Specialized knowledge might include a hotel's unique guest offerings, or experience working with a proprietary software system.

In order to transfer a foreign employee to a U.S. office, the employee must have worked in the capacity of executive, manager, or employee with specialized knowledge for the foreign entity at least one year during the three years preceding the filing. Unlike the H-1B specialty worker visa, there is no annual limit-or "cap"-on the number of L-1 visas granted per fiscal year.

L-1 Validity Periods

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Eco-Friendly Practices: Corporate Social Responsibility

The hotel industry has undertaken a long-term effort to build more responsible and socially conscious businesses. What began with small efforts to reduce waste - such as paperless checkouts and refillable soap dispensers - has evolved into an international movement toward implementing sustainable development practices. In addition to establishing themselves as good corporate citizens, adopting eco-friendly practices is sound business for hotels. According to a recent report from Deloitte, 95% of business travelers believe the hotel industry should be undertaking “green” initiatives, and Millennials are twice as likely to support brands with strong management of environmental and social issues. Given these conclusions, hotels are continuing to innovate in the areas of environmental sustainability. For example, one leading hotel chain has designed special elevators that collect kinetic energy from the moving lift and in the process, they have reduced their energy consumption by 50%  over conventional elevators. Also, they installed an advanced air conditioning system which employs a magnetic mechanical system that makes them more energy efficient. Other hotels are installing Intelligent Building Systems which monitor and control temperatures in rooms, common areas and swimming pools, as well as ventilation and cold water systems. Some hotels are installing Electric Vehicle charging stations, planting rooftop gardens, implementing stringent recycling programs, and insisting on the use of biodegradable materials. Another trend is the creation of Green Teams within a hotel's operation that are tasked to implement earth-friendly practices and manage budgets for green projects. Some hotels have even gone so far as to curtail or eliminate room service, believing that keeping the kitchen open 24/7 isn't terribly sustainable. The May issue of the Hotel Business Review will document what some hotels are doing to integrate sustainable practices into their operations and how they are benefiting from them.