Non-immigrant Visa

L-1, Intracompany Transferee Visa to the U.S

Non-immigrant Visa

L-1 Visa – Intracompany Transferee

The L-1 visa is a nonimmigrant visa that allows companies operating both in the United States and abroad to transfer certain employees from their foreign offices to their U.S. offices. This visa is particularly useful for multinational companies that need to bring key employees to the United States temporarily to manage or expand their operations.

Types of L-1 Visas

1. L-1A Visa (Intracompany Transferee Executive or Manager)

This visa is for executives and managers who are being transferred to the U.S. to manage an organization or a major component of it.

The maximum duration of stay on an L-1A visa is 7 years.

2. L-1B Visa (Intracompany Transferee Specialized Knowledge)

This visa is for employees with specialized knowledge of the company’s products, services, research, equipment, techniques, or management who are being transferred to the U.S. to apply that knowledge.

The maximum duration of stay on an L-1B visa is 5 years.

Requirements for the L-1 Visa

1. Qualifying Employer-Employee Relationship

Multinational Company – The employer must be a qualifying organization with a relationship between the U.S. and foreign offices, such as a parent company, branch, subsidiary, or affiliate.

Continuous Employment – The employee must have worked for the foreign company for at least one continuous year within the three years preceding the application.

Active Operations – The U.S. office to which the employee is being transferred must be actively doing business. It can be a new office, but it must be actively involved in providing goods or services.

2. Eligibility for L-1A Visa (Executives and Managers)

Executive Capacity – The employee must have held a position that involves making major decisions without much supervision, such as setting policies and goals, managing the organization or a major function of it, or directing the work of other professional employees.

Managerial Capacity – The employee must have managed the organization or a department, subdivision, or function of the organization. This includes supervising other supervisory, professional, or managerial employees or managing essential functions at a high level within the organization.

3. Eligibility for L-1B Visa (Specialized Knowledge)

Specialized Knowledge – The employee must have special knowledge of the company’s products, services, research, equipment, techniques, management, or other interests. This knowledge must be distinct and critical to the company’s operations, making the employee’s transfer necessary for the U.S. office.

Critical Role – The employee’s knowledge must be important enough to warrant their transfer, and it must be specialized in a way that is not easily replicated by others.

4. New Office Petitions

If the U.S. employer that the foreign employee will be working for has been “doing business” for less than one year, it is considered a new office and the USCIS will strictly scrutinize its L-1 petition. To get a better chance of approval, it is recommended to include the following documentation in the I-129 petition:

Proof of a physical space large enough to house the new office, or alternatively, a lease for the new office space.

A business plan showing that (i) within one year of operations in the U.S., the business will support a managerial or executive position, and (ii) the proposed investment in the U.S.

The foreign company’s copies of bank statements to prove that the size of the foreign entity is capable of launching business in the U.S. and remunerating the foreign employee.

Duration of Stay

1. L-1A Visa

Initial Stay: Up to three years.

Extension: Can be extended in increments of up to two years, with a maximum stay of seven years.

1. L-1A Visa

Initial Stay: Up to three years.

Extension: Can be extended in increments of up to two years, with a maximum stay of five years.

Application Process

1. Filing the Petition

The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.

Supporting documents must be provided to establish the qualifying relationship between the U.S. and foreign offices, the employee’s qualifications, and the nature of the job duties in the U.S.

Premium Processing – Employers may choose to use premium processing for an additional fee ($2,500), which guarantees a response to the petition within 15 calendar days.

2. Visa Application

Once the I-129 petition is approved, the employee can apply for the L-1 visa at a U.S. consulate or embassy abroad. If the employee is already in the U.S. in another visa status, the employee’s status will be changed to L-1.

Advantages of the L-1 Visa

No Quota Limits: Unlike some other visa categories, there is no annual limit on the number of L-1 visas issued.

Dual Intent: The L-1 visa allows for dual intent, meaning the visa holder can pursue permanent residency (a green card) without jeopardizing their nonimmigrant status.

Streamlined Process for Large Companies: Larger companies that frequently transfer employees between international offices can apply for a blanket L-1 petition, which simplifies the process for subsequent employees.

Automatic Work Authorization: L-2 visa holders, as dependents of L-1 visa holders, can work in the United States without needing to apply separately for work authorization.

The L-1 visa is an essential tool for multinational companies that need to transfer key employees to the United States. It offers significant benefits, including the ability to bring over top executives, managers, and specialists, and provides a pathway for these individuals to live and work in the U.S. for several years.

In recent years, the USCIS has become much stricter and more critical on L-1 petitions. We would be happy to walk you through the process step-by-step and help you implement the best course of action in your L-1 petition.