INtra-company transfer visas

Non-immigrant L-1 intra-company transfer visas are available for people who are transferred by their current employer to a branch of the company that is located in the United States. Once issued an L-1 visa, employees may pursue permanent United States residency status.

In order to qualify for an L-1 intra-company transfer visa,

•  The employee must have continuously worked abroad for one of the past three years with an affiliate, parent or subsidiary of a U.S.-based company. Time spent working in the United States does not qualify for this requirement.
•  The foreign firm and the U.S. firm must have common majority ownership or control by the same person or entity.
•  The employee must be coming as a manager or executive, or as a ‘specialized-knowledge’ employee – one with a special knowledge of the company’s products and their applications in world markets, or with advanced knowledge in the operations of the company. Executives and managers are issued L-1A visas; L-1B visas are issued to specialized-knowledge employees.
•  The employee must intend to leave the United States when the length of the visa has expired. However, L-1 visa holders may pursue permanent residency status.

Definitions: executives and managers
An executive is defined as a person who directs the management of the company, or a major part of the function of the company. Executives are typically presidents, vice-presidents and controllers. A manager directs the organization, a department or a function of the organization. Neither an executive or a manager typically oversees the primary functions of tasks.

Important information for those coming to open a new office in the United States:
People who are coming into the United States to establish a new office will only be allowed to stay in the country for one year. The USCIS may require proof that office space has been rented or otherwise obtained, that the applicant has sufficient background with the company for whom he or she will be working, and that the company plans to remain in business throughout the duration of the applicant’s stay in the country. If the company wishes to apply for an extension beyond that first year, they must demonstrate that they have acted in accordance with the intentions of the original application.

If the applicant is an owner or part-owner of the company, his or her application will be very closely scrutinized by the USCIS. The employer will be required to prove that the its need for the employee to be present in the United States is only temporary, and that the employee has compelling interests in his or her home country.

Companies that have large numbers of applicants may apply for blanket L-1 visas for those employees who are to be transferred.

To qualify for a blanket petition,

• The U.S. and foreign companies must be actively engaged in commercial trade or exchange of services
• The employer’s U.S. office must have been in business for at least one year
• The employer’s company must have at least three domestic or foreign branches, subsidiaries or affiliates
• The employer’s company must show one of the following: that it has obtained at least 10 L-1 visas for its employees within the past year, that its U.S. sales the past year exceeded $1 million, or that it has at minimum 1,000 employees in the United States.

An important difference to note is that employees included in blanket petitions need only have worked for the company outside the United States for six months, instead of one year.

What about spouses of L-1 visa holders?
Spouses of L-1 visa holders may be granted L-2 spouse visas for the duration of the L-1 visa. Permission to work may also be sought by spouses. Approval of work authorization for L-2 spouses can take as long as three months.