What is an L-1 intracompany transfer visa?

L-1 intracompany transfer visas are non-immigrant visas available to persons coming to work in the US for an employer that is related to a company the applicant worked for prior to entering the US.

What are the advantages of an L-1 intracompany transfer visa as opposed to the H-1B visa?

This category offers a number of advantages that make it worth considering over other types of visas. For example, there is no annual limit on the number issued, one may pursue permanent residency while on an L-1 visa and for many L-1As, there is a matching permanent residency category that makes getting a green card relatively quick and pain-free.

What are the requirements for an L-1 intracompany transfer visa?

• The employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years.
  • The one year cannot be fulfilled by
  working part of the year for an
  affiliate in the United States.
  • A combination of part-time employment must be with an affiliate company.

• The company for which the employee has worked for a year abroad must be related to the U.S. company in a specific manner.
  The most frequently asked question about the above-noted criteria is whether the company abroad is related to the United States company in the correct way. The points listed below generally fit within USCIS prescribed rules:
  • If both companies are branch offices of the same corporation, a qualifying relationship exists.
  • If the United States company owns more than 50% of the overseas company, or if the overseas company owns more than 50% of the United States company, a qualifying relationship exists.
  • If both the US company and the overseas company are majority-owned (50%+) by a third company, a qualifying relationship exists.
  • If the US company is a joint venture (50% owned by each of two companies), or if the US company is one of the joint ventures (50% owner) of the foreign company from which the employee will come, a qualifying relationship exists as long as each company effectively has control of the joint venture through its veto power over corporate decisions of the joint venture.
  • If the US company and the company abroad have no legal corporate relationship, or a third Company has no ownership interest in both the US company and the company abroad, there is no qualifying corporate relationship for L-1 visa purposes.
  • Large organizations often document their ownership through a statement by a corporate officer or authorized official, supported by the company's annual report, or a Security Exchange Commission filing listing the subsidiaries. This rule should apply to any publicly-traded company.
  • Small businesses can evidence their ownership relationship through a statement by a corporate officer, supported by stock ownership records, accountant reports, tax returns, and corporate papers.
  • Sole proprietors can evidence their ownership through a statement of the owners, supported by documents identifying the owner of the proprietorship. Such documents may include business licenses, Internal Revenue Service registration, and business tax returns.

• The company must be a qualifying organization (e.g. one that is doing business in the United States and one other country during the whole period of the transfer).
  o This requirement is a result of the USCIS' concern that small business owners who transfer themselves to the United States will cease doing business abroad. The term doing business means more than mere presence of an agent or office abroad. It requires the regular or systematic provisions of goods or services.

• The employee to be transferred must have been employed abroad in an "Executive" or "Managerial" capacity or a position involving "Specialized Knowledge."
  • Executive capacity means an assignment in an organization in which the employee directs the management of the organization or a major component or function; establishes goals and policies; exercises discretion in decision-making; and receives general supervision only.
  • Managerial capacity means an assignment in which the employee personally manages the organization, department, or component; supervises and controls the work of other supervisory personnel, or manages an essential function within the organization; hire and fire authority; and exercises discretion over the day-to-day operations of the activity or function.
  • Specialized knowledge refers to an employee who has special knowledge of the company product and its application in the international markets or possesses an advanced level of knowledge of the company's procedures and processes. This individual is granted L-1B status.

• The employee must be coming to the US company as an Executive, Manager, or individual with Specialized Knowledge - The employee may fill a different capacity in the United States than filled abroad. For example, a "manager" may come to the United States as a "specialized knowledge" employee.

• The employee must be qualified for the position by virtue of his or her prior education and experience - It is necessary to submit proof of the employee's qualifications at the time the L-1 petition is filed.

• The employee must intend to depart the United States upon completion of his or her authorized stay. However, the employee may pursue lawful permanent resident status at the same time.

• Temporariness is becoming less of a factor as a result of BCIS' recognition of the "dual intent" theory. Factors generally considered by BCIS include the US company's ability to operate after the employee's departure and a showing that the employee's services are needed only temporarily.

How long can executives and managers stay in L-1 status?

Executives and managers may stay in L-1 status for up to seven years.

How long can “specialized knowledge” employees stay in L-1 status?

Specialized knowledge employees may stay in the US for up to five years. Their visas are called L-1Bs. Those who wish to obtain L-1B visas must do labor certification. The visas will be granted with an expiration of up to three years. Whether the visas are multiple entry or not depends on the applicant’s country of origin.

What about people coming to open up a new office in the US?

Persons coming to open up a new office in the US will only be granted a one-year stay in the US. The USCIS will also typically require additional information about the plans for the new office such as proof that office space has been obtained, that the applicant has had the appropriate experience with the foreign company and that the foreign company will remain in existence during the full period of the applicant's transfer to the US. If the company wants to have the L-1 visa extended beyond the initial year, it will have to demonstrate at the time of extension that it has proceeded with the plans outlined in the initial petition.
The USCIS will also more closely scrutinize cases where the transferred employee also has an ownership interest in the company, since the USCIS may not believe the owner intends to ever leave the US. The US employer will need to show here that the firm's need for the transferee is not indefinite and that the transferee's foreign business interests are a strong lure for the person to return upon the expiration of the transferee's stay in the US.

How do I apply for L-1 status?

Applications for L-1 visa status must first be approved by the USCIS Service Center having jurisdiction over the location where the transferred employee will be situated. The employer must send the Form I-129, Application and L Supplement, petitioner’s letter, supporting documentation and filing fees to the USCIS Service Center.

Are there any benefits available to L-2 spouses of L-1 visa holders?

L-2s can seek employment authorization by submitting an I-765 application after acquiring L-2 status. Applicants for employment authorization should remember, however, that it could often take up to three months to get this work authorization.