USA L1 Intra Company Transfer Visa

The L-1 visa is a non-immigrant visa that allows companies to transfer employees from their foreign offices to their U.S. offices. It is typically used for employees who are in managerial, executive, or specialized knowledge roles. Here are the complete guidelines and key points for obtaining an L-1 visa:

Types of L-1 Visa

1. L-1A (Executive or Managerial):

   • For employees working in managerial or executive positions.
   • Valid for 1 year (if the petition is for a new office) or 3 years (for existing offices), with a maximum duration of 7 years.

2. L-1B (Specialized Knowledge):

   • For employees who possess specialized knowledge of the company’s products, services, or processes.
   • Valid for 1 year (new office) or 3 years (existing office), with a maximum duration of 5 years.

Basic Requirements

• Employment History:

  • The employee must have worked for the foreign company for at least 1 continuous year within the last 3 years before applying for the L-1 visa.
  • The foreign company and the U.S. company must have a qualifying relationship, such as parent-subsidiary, branch-office, or affiliate.

• Employer Eligibility:

  • The U.S. employer must be a qualifying organization that is actively conducting business in the U.S. and at least one other country.
  • The U.S. company must have been doing business for at least 1 year (for new offices, this rule doesn’t apply to L-1 petitions for executives/managers).

• Position Eligibility:

  • The employee must be transferring to a managerial, executive, or specialized knowledge role in the U.S. branch of the company.

Application Process

1. Petition Filing (Form I-129):

   • The U.S. employer must file Form I-129 (Petition for a Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS).
   • The petition must include documentation supporting the relationship between the U.S. and foreign employer and the employee’s qualifications.
   • If the application is approved, the U.S. employer will receive a Notice of Action (Form I-797).

2. Visa Application (For Non-U.S. Citizens):

   • After the petition is approved, the employee must apply for the L-1 visa at a U.S. embassy or consulate in their home country.
   • They will need to fill out the DS-160 form (Online Nonimmigrant Visa Application).
   • The employee will need to attend a visa interview and provide supporting documents, including:
     • Passport.
     • Form DS-160 confirmation page.
     • Visa appointment confirmation.
     • I-797 approval notice.
     • Visa application fee payment receipt.
     • Passport-sized photos.

3. Approval and Entry to the U.S.:

   • If the visa is approved, the employee can travel to the U.S. and present the visa at a port of entry.
   • Customs and Border Protection (CBP) officers will verify eligibility upon entry.

L-1 Visa Duration

• L-1A: Valid for up to 7 years.
• L-1B: Valid for up to 5 years.
• Extensions are possible, but the total stay must not exceed the limit for the category (7 years for L-1A and 5 years for L-1B).

L-1 Visa Benefits

• Dual Intent: L-1 visa holders can apply for a Green Card (permanent residency) while on the L-1 visa without jeopardizing their visa status.
• Family Members: L-1 visa holders can bring their spouse and unmarried children under 21 under the L-2 visa. The spouse can apply for work authorization in the U.S.
• No Specific Salary Requirement: There is no specific minimum salary requirement for L-1 visa holders.
• Multiple Entries: The L-1 visa allows for multiple entries into the U.S.

L-1 Visa Denial Reasons

• Failure to Prove Employer-Employee Relationship: If the relationship between the U.S. and foreign employers cannot be verified.
• Ineligibility of Employee: If the employee does not meet the qualifications for the specific visa category (L-1A or L-1B).
• Lack of Documented Experience: Failure to show 1 year of employment within the last 3 years with the foreign company.

Special Considerations for New Offices

• When filing for an L-1 visa for a new office, the company must prove that it has a physical U.S. office that will support the employee’s managerial/executive or specialized knowledge role.
• The U.S. office must be actively doing business but does not yet need to be fully operational.

Alternatives & Extensions

• L-1 Blanket Petition: Larger companies with a history of L-1 approvals may apply for an L-1 blanket petition, which simplifies the process for individual employees.
• O-1 Visa: If L-1B visa approval is not possible due to specialized knowledge requirements, individuals with extraordinary abilities in their field may consider applying for the O-1 visa.

Considerations for Transitioning to Permanent Residency (Green Card)

• Many L-1A visa holders transition to the EB-1C green card category, which is for multinational managers and executives.
• L-1B visa holders might transition to the EB-2 or EB-3 categories if their position qualifies for these employment-based green card categories.

Important Notes

• The L-1 visa requires both the employer and employee to comply with U.S. immigration law throughout the process.
• The employee must maintain employment with the sponsoring company, and changes in employment or job position may require a new L-1 application.
• L-1 visa holders can travel in and out of the U.S. while the visa is valid.

If you have specific questions about your eligibility or need guidance on the documentation, it’s recommended to consult with an immigration attorney or expert.