L-1 Intracompany Transfer Visas – Everything You Need to Know
The L-1 visa is a temporary nonimmigrant visa that allows intracompany transferees to work and live in the United States for a limited amount of time.
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Who is Eligible to Petition L-1 Visa?
To qualify for L-1 classification in this category, the employer must:
· Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
· Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States under an L-1 visa. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
Who are Eligible as L-1 Beneficiaries?
There are two categories under L-1 visa:
· L-1A visas are available to intracompany transferees who are in a managerial or executive position.
o Managerial means that the employee is able to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It can also mean that the employee is able to manage an essential function of the organization at a high level, without direct supervision of others.
o Executive means that the employee is able to make important corporate decisions without supervision or much oversight.
· L-1B visas are available to professionals with specialized knowledge.
o Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
For both categories, the beneficiary must have been working for the petitioning employer abroad for one continuous year within the three years immediately preceding their admission to the United States.
New Offices
A foreign employer seeking to send an employee to the United States to establish or to be employed at a new office must show that the employer has secured sufficient physical premises to house the new office.
If the employee will be employed at managerial or executive capacity, the employer must also show that:
· The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
· The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
If the employee will be providing services in a specialized knowledge capacity, the employer must also show that:
· The employer has the financial ability to compensate the employee and begin doing business in the United States.
How Long is an L-1 Visa Valid for?
L-1 visas are initially valid for either:
· One year if the beneficiary is entering the United States to establish a new office; or
· Three years under all other circumstances.
All L-1A beneficiaries may request extension of stay in increments of up to an additional two years until reaching the maximum limit of seven years.
All L-1B beneficiaries may request extension of stay in increments of up to an additional two years until reaching the maximum limit of five years.
What are L-1 Blanket Petitions?
If a foreign employer is seeking to transfer multiple employees to a U.S. qualifying organization, a blanket petition might be extremely helpful in saving time and energy since the employer may establish the required intracompany relationship by filing one single blanket petition.
Eligibility for an L-1 Blanket Petition may be established if:
· The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
· The petitioner has an office in the United States which has been doing business for one year or more;
· The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
· The petitioner along with the other qualifying organizations, collectively, meet one of the following criteria:
o Have obtained at least 10 L-1 approvals during the previous 12-month period;
o Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
o Have at least 1,000 employees in the U.S.
What is the L-1 Visa Application Process?
Without a Blanket Petition
· Step 1: Gather all necessary information, documentation, evidence establishing the required intracompany relationship and employee eligibility;
· Step 2: The employer files a LCA Labor Condition Application;
· Step 3: The employer files Form I-129 and L-supplement;
· Step 4: The employee applies for a L-1 change of status petition in front of the USCIS if they are within the US, or applies for a visa at a U.S. Consulate upon approval of employer’s I-129 petition if they are abroad.
Under a Blanket Petition
· Step 1: The employer completes Form I-129S and send it to the employee along with the Blanket Petition approval notice.
· Step 2: The employee applies for an L-1 visa at a U.S. consulate with the said documents as well as all other supporting evidence.
Contact Xu Law Group for your L-1 Visa Petition.
Whether you are an employer or employee, an L-1 classification is a tough task to tackle. Our team of professional lawyers will be of great assistance in both processes of filing an I-129 petition and applying for an L-1 visa afterwards. Please don’t hesitate to reach out if you have any questions.
About Xu Law Group:
Toni Xu is an attorney licensed in New York who represents immigrants and immigrant founded companies. Her areas of specialty include L-1, EB1C Visas, Startup Law and Investment Visas.
The information on this page should not be construed as legal advice.
For a more in-depth analysis of the L-1 visa, read this Ultimate Guide to L-1 Visa.