L1 Visa (Intra-Company Transferees)

The L1 intra-company transferee visa is available to employees of international companies who are being transferred to a parent, branch, affiliate or subsidiary in the U.S.

I.     Benefits of the L1 Visa

A.       You may legitimately come to the U.S. as an L1 intra-company transferee and at the same time, lawfully seek to become a permanent resident

B.       You can freely travel in and out of the U.S. while on a valid L1 visa

C.       Your dependents can live with you in the U.S.

D.       Your spouse can apply for a work permit by filing Form I-765 and engage in employment

L1 Visa

II.     Requirements for the L1 Visa

A.       Criteria For Determining Employer’s Eligibility

To be eligible to sponsor an L1 visa, the following conditions must be met:
1.      A qualifying relationship must exist between the U.S. company and the foreign company abroad

2.      Both the foreign company and the U.S company must remain open, active and viable for the entire duration of your employment in the U.S. Failure to maintain required levels of operation results in the loss of L1 status

B.       Criteria For Determining Employee’s Eligibility

To apply for an L1 visa, you must demonstrate that:
1.      You have been employed overseas by the transferring organization for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate

2.      You are a manager, executive or a specialized knowledge professional

III.     Applying for the L1 Visa

You cannot apply for an L1 visa as an individual. To sponsor your L1 visa, your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf.

A.       Filing the L1 Petition

An L1 petition is filed on USCIS Form I-129, along with the Form I-129L supplement. Your L1 petition must include:

1.      Documentation verifying the corporate relationship between the U.S. company and the foreign company (usually a letter from the corporate secretary, and the Articles of Incorporation of both the foreign and the U.S. company)

2.      Documentation verifying capitalization structure of the company (e.g. records of stock or equity ownership)

3.      Detailed job description and requirements for the position – In case of a specialized knowledge position, detailed description of your unique knowledge to be used by the U.S. company

4.      Documentation proving that you have worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or were employed in a position involving specialized knowledge and that you are coming to the U.S. to work in an executive, managerial, or a specialized knowledge position

5.      If you are coming to the U.S. to setup a new office, submit evidence of establishment of new office (e.g. lease for office space, sales contracts, etc.)

6.      Annual report of both foreign and the U.S. company, and/or other reports showing the type of business and financial stability

7.      Organizational chart indicating your position in the U.S. company as well as the foreign company

8.      Copies of applicable business permits/licenses and registrations

 

B.        Applying for L1 Visas at an American Consulate

To apply for the L1 visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

1.      DOS Form DS-156, Nonimmigrant Visa Application

2.      DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45

3.      A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

4.      Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

5.      Your resume

6.      Copy of the petition submitted to the USCIS (recommended)

IV.     L1 Blanket Visa

The USCIS created the L1 Blanket Petition process to accommodate the needs of large businesses that desired to transfer key personnel to the U.S. The employer must be a member of the company’s corporate family; however it need not be the parent or the principal office.

The L1 Blanket visa process involves two separate steps and relies heavily on coordination between the Department of State and the USCIS.

A. The L1 Blanket Petition

The first step in the blanket petition process is for an employer to file a USCIS Form I-129, Petition for Nonimmigrant Worker, at a USCIS Service Center.

The petition should list the branches, subsidiaries, and affiliates that plan to transfer L1′s under the blanket petition. The blanket petition must be accompanied by evidence establishing the following:

1.      The employer and each of the entities included in the L1 blanket petition are engaged in commercial trade or services

2.      The employer has an office in the U.S. that has been doing business for one year or more

3.      The employer has three or more domestic and foreign branches, subsidiaries, or affiliates

4.      The employer and the other qualifying organizations have done at least one of the following:

a.      Obtained approval of petitions for at least ten “L” managers, executives specialized knowledge professionals during the previous 12 months

b.      Have U.S. based subsidiaries or affiliates with combined annual sales of at least $25 million

c.      Have a U.S. work force of at least 1,000 employees and that all of the entities listed on the blanket L1 Visa petition are qualifying entities

B. Validity of an Approved Blanket Petition

The initial validity of an approved blanket petition is three years. The U.S. company is required to file for an indefinite extension of the blanket petition.

C. Applying for L1 Visas

Once the USCIS approves of the blanket petition, the organizations listed on the petition can use the petition to move personnel to the U.S. The employee may apply for a visa directly at an American Consulate by submitting an USCIS L1` Visa
Form I-129S, a copy of the Form I-797, approval notice of the blanket petition and the following documents:

1.      DOS Form DS-156, Nonimmigrant Visa Application

2.      DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45

3.      A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

4.      Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

5.      Your resume

6.      Proof that you have been employed as a manager or executive by one of the qualifying organizations for at least one year in the immediately preceding three years

 

V.     Duration of Stay

A.       L1A Visa

Employees in Managerial and Executive positions (L1A visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of seven years L1 Visa.

 

B. L1B Visa

Employees in specialty positions (L1B visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of five years.

VI.     Spouses and Children

Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for L-2 visas. Spouses are eligible to take up employment after obtaining an employment authorization document.

L1 Visa