The L-1 intra company transfer visa allows foreign companies to send executives, managers, or specialized employees to the U.S. to work at an affiliated branch or establish a U.S. branch if one does not already exist. Although the L-1 is a temporary visa that does not offer lawful permanent residence (LPR), it is eligible for dual intent. Dual intent permits an individual applying for an L-1 to also apply simultaneously for an employment-based green card.
The L-1 intra company transfer visa is important for a bridge for dual intent because most visas do not inherently allow for a green card application. In fact, many visa holders need to prove they are not pursuing immigrant status so as to not jeopardize their future stays in the United States.
The visa holder’s employer and/or overseas company must be related to the United States. An intra company transfer to the U.S. required the employer to be:
There are three possible positions that an employee can fill in order to obtain an L-1A or L-1B intra company transfer visa: manager, executive, or person of specialized knowledge. Regardless of the position, the employee must have worked at the company for at least one consecutive year within the past three years before coming to the United States. The definitions of the positions are as follows:
Manager Intracompany Definition
Executive Intracompany Definition
Person with Specialized Knowledge Intracompany Definition
The first subcategory of the L-1 visa is the L-1A intracompany transferee executive or manager visa. The L-1A classification allows a U.S. employer to transfer a manager or executive from one of its affiliated offices out of the country to one of its U.S. offices. This visa also allows a foreign company to send an executive or manager to establish an affiliated office in the U.S. if the company does not already have one.
The maximum initial stay is one year for those who are sent to establish a new office, while all other employees are allowed a maximum initial stay of three years. Extensions of stay are offered in the increments of two years until the employee reaches the final maximum of seven years.
To qualify for an L-1A visa, the USCIS requires an employee to meet the following criteria:
In order to be an L1 visa qualifying organization, the employer/company is also responsible for meeting certain requirements:
Spouses and unmarried children under the age of 21 may be eligible to accompany their spouse/parent who has an L-1A visa. Interested family members who fall under these terms may seek admission by the L-2 nonimmigrant classification. Typically, the family will be allowed to stay in the United States for the same period granted to the applicant.
The L-1B visa is essentially the same as the L-1A, except instead of allowing managers and executives to enter the country, it enables employers to transfer professional employees with specialized knowledge.
The L-1B intracompany transferee specialized knowledge visa allows those who qualify as possessing some special knowledge on the organization’s service, product, techniques, etc., to be sent to an affiliated L1 visa qualifying organization. If the organization does not already have a U.S. branch, the professional employee may be sent with the intention of starting one.
The period of stay for individuals with an L-1B classification is identical to those with the L-1A classification except for the maximum initial stay limit. L-1B applicants are allowed to stay for five years instead of seven.
To qualify for an L-1B, the USCIS requires an employee to meet the following criteria:
The employer is also responsible for meeting certain requirements:
If an employee is eligible for an intra company transfer visa to the U.S. from their overseas affiliate company, the employer must then fill out Form I-129, petition for a nonimmigrant worker. This form is what allows the foreign worker to enter the U.S. to work or establish a new company branch. The I-129 petition to the USCIS must be approved before an employee can legally begin his/her job.
The I-129 petition must be filled out and sent to the California Service Center or the Texas Service Center of the USCIS, whose specific addresses can be found on their website. The filing fee for each individual petition is $460 and non-refundable regardless of decision. When filing for a large number of employees at once, this cost can be reduced through the use of a blanket petition (see below). Information that must be provided when applying for an I-129 include:
This process takes roughly one to five months unless an employer opts for the “premium processing” program, which expedites the review process to fifteen days. There are no limits on how many L-1 visas can be granted each year.
Blanket petitions are for companies who would like to have a significant number of employees transfer between the U.S. and Canada. Under this petition, the company can move as many employees as they wish between countries. In order to qualify for a L1 Blanket Petition, the company must meet the following requirements:
Filing for any visa can be a long, difficult process. For applicants, supplying all the correct information up front and understanding precisely what you want to achieve with your petition can make all the difference. Recruiting the assistance of an L-1 visa attorney can make the process easier and offer a higher chance of success. An experienced L-1 Intracompany Transfer Visa Lawyer can help gather the necessary evidence and present it in a way that maximizes the rewards.
Our attorneys have over seven decades of combined experience in U.S. immigration law. We’ve helped guide numerous clients through the complicated process of gaining intracompany transferee worker visas in the U.S.
Contact the legal team at Scott D. Pollock & Associates, P.C. today. Contact a member of our team today at 312.444.1940.