L1A/L1B Intra-Company
Transferees
Intra-Company Transferees are essential executives, managers,
or employees with specialized knowledge. L1 visas permit foreign companies with branches or affiliated offices
in the United States to transfer needed employees to the United States.
To qualify for an L1 visa, the foreign employer must demonstrate:
1. the employee is an executive or managerial
position who perform an “essential function of the business” (L1A visa)
or
2. is employed in a position that requires specialized knowledge
about the company’s product, service, research, equipment, management or advanced knowledge or expertise in the company’s
procedures and processes (L1B visa);
the employee has been employed in the foreign office for at least one year during the three years
prior to admission to the United States; and
the employee will assume comparable duties in the United States with the same employer, an affiliate,
or subsidiary of the same employer.
The
company should carefully consider whether to classify the employee as either an L1A or an L1B especially if the company, in
the long-term, may sponsor the employee for permanent residence. The L1 visa will remain valid so long as the foreign
company continues its operations abroad for the duration of the L1 visa. The L1A visa is valid for up to seven years
and the L1B is valid for up to five years.
Spouses
and unmarried children (under the age of 21) qualify for L2 visa status. Spouses with L2 visa status is eligible to
apply for work authorization with USCIS.
Process: The employer will submit
Form I-129 (L1) to USCIS including supporting documents. This application can be expedited where USCIS will complete processing
within approximately 14 business days at an additional cost of $1,000.00. The approved petition will be forwarded to
the Consulate of employee’s choice and the employee will schedule an appointment to obtain the visa stamp in his/her
passport for entry into the United States. Upon entry, the employee may immediately apply for a social security number
and begin working for the US Company. The spouse of the L1 visa holder may apply for an employment authorization card
and obtain a social security number with the approved employment authorization card.
Contact an experienced L1 visa immigration attorney today toll free at 800.993.9097.
Our US Immigration Attorney has filed several
successful L1 visas on behalf of individuals, small businesses, and corporations. Contact us online for a free initial consultation.