Description

The L-1 intra-company transferee visa allows executives, managers, and employees with specialized skills to transfer from the foreign company to a U.S. office, subsidiary, or affiliated company to perform temporary services.

ADVANTAGES

Processing Time
The United States Citizenship and Immigration Service usually decides petitions in 30-60 days.

Duration
L-1 visas are granted initially for 1 to three years with extensions available in two-year increments, with a total stay not to exceed seven years.

Permission to Work in the U. S.
The intra-company transferee is allowed to work for the U.S. subsidiary or affiliate company.

Includes Spouse & Children
The spouse and children under 21 are allowed to accompany the L-1 visa holder during the period of the transferee status. The Spouse may receive work authorization.

Conversion to Permanent Residence
In limited circumstances, it may be possible to convert the L-1 visa for executives and managers to lawful permanent residence status.

REQUIREMENTS

Previous Employment
The applicant must have been employed by the foreign "parent company" for at least twelve months during the three year period immediate prior to filing the L-1 visa application.

Capacity Of Employment (Past)
The applicant must have been employed as an executive, manager, or as a specialized skill worker for a minimum of twelve months during the three years immediately preceding the filing of the L-1 visa petition.

Capacity of Employment (Future)
The applicant be employed as an executive, manager, or as a specialized skill worker for the same company, or its U.S. subsidiary or affiliate.

Intra-Company Relationship
The current (foreign) and prospective (U.S.) companies must be either the same company, or related by subsidiary or affiliate ownership.

LIMITATIONS

Seven year Limitation
L-1 visas may not be extended beyond a total of seven years.

New employees Excluded
New employees may not be transferred prior to serving one year abroad as an executive, manager, or specialized skill employee of the foreign parent company.

Foreign Company's Existence
There must be continual existence of the foreign company during the transferee's stay in the U.S.

Employment for Dependents
The spouse and children are allowed to reside in the U.S. The Spouse may receive work authorization. There is currently no work authorization provision for children (just spouses).

Intra - Company Relations Continue
L-1 visa holders may remain only as long as the U.S. company qualifies as the same company or subsidiary or affiliate status with the foreign company.

DOCUMENTS & FEES NEEDED TO BEGIN APPLICATION

L Petition Requirements.
A U.S. employer or foreign employer may file the petition, but a foreign employer must have a legal business entity in the U.S. The petition must be filed with:

Evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control, such as:
An annual report
Articles of incorporation
Financial statements
Copies of stock certificates

A letter from the alien's foreign qualifying employer detailing his/her:
Dates of employment
Job duties
Qualifications
Salary

Proof that the alien worked for the employer for at least one continuous year in the three-year period preceding the filing of the petition in an executive, managerial or specialized knowledge capacity

A description of the proposed job duties, qualifications and evidence the proposed employment is in an executive, managerial or specialized knowledge capacity

If the alien is coming to the U.S. to open a new office, also file the petition with copies of evidence the business entity in the U.S.:

Already has sufficient premises to house the new office
Has, or upon establishment will have, the qualifying relationship to the foreign employer

Has the financial ability to remunerate the alien and to begin doing business in the U.