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:
the employee is an executive or managerial position who perform an “essential
function of the business” (L1A) or 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);
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.