The L-1 Intra-Company Transferee Visa
L-1 is a nonimmigrant classification used for intra-company transferees. It can be used for foreign nationals who come to the United States to continue to work for the same company (employer) or its affiliate/subsidiary/branch, or a company that has a qualifying relationship.
There are two L-1 categories for intra-company transferees:
- L-1 A category is for managers/executives
- L-1B is for employees with specialized knowledge
"Specialized knowledge" is defined as the individual's special knowledge about 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.
The prospective L-1 employee must have been employed abroad with an affiliate, parent, branch, or subsidiary of the petitioning U.S. company for a continuous period of one year within the three years prior to filing the petition or entry into the U.S. This period of employment abroad must have been in either managerial/executive or specialized knowledge capacity. New employees are not allowed to be transferred prior to serving one year abroad as an executive, manager, or specialized skill employee of the foreign parent company.
L-1 status is generally approved for an initial period of three years. However, if the U.S. employer is a start-up company, L-1 status is originally granted for only one year. L-1A (manager/executive) status can be extended up to a statutory limit of seven years in increments of two years; L-1B (specialized knowledge) status is limited to a total of five years.
Documentation must be submitted to show that the petitioning company is doing sufficient business in the United States to support the employment of the L-1 foreign national. The L-1 visa holder must work exclusively for the U.S. subsidiary or affiliate company unless the foreign national would change status with another company.
The L-1 petition has to be filed by the U.S. company with the USCIS service center having jurisdiction over the place of employment. Once the petition is approved, the approval is sent to the U.S. Consulate overseas where the beneficiary can obtain the L-1 visa to enter the U.S.
Under the law, the L-1A or L-1B transferee must intend to depart the United States upon completion of his/her authorized stay (including extensions).
On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.
If certain conditions are met, the Petitioner may apply for blanket L-1 approvals.
L-1 Dependants
The spouse and children under 21 may accompany the L-1 visa holder during the period of the transferees' status on a L-2 visa.
The L-2 visa holder is allowed to file for work authorization with USCIS.
