Immigration > Business > Intra-Company Transferee (L-1)

Overview | Eligibility | Features | Application Procedure | Application Forms | Questionnaire | Check List


Overview

An L-1 visa may be issued to an alien who, in the last three years, has been employed continuously for one year by the company and who seeks to enter the United States temporarily in order to continue to work for the same employer in a capacity that is managerial, executive, or involves specialized knowledge.

Eligibility

The L-1 applicant must have been employed abroad for one year, out of the last three (3) years, by the company that is petitioning for his or her services, in a capacity that is executive, managerial, or involves specialized knowledge. There must be a subsidiary or affiliate relationship between the foreign and the US companies, or they must be the same company.

To qualify as a manager the alien must: (a) manage the organization, or a department, subdivision, function, or component of the organization; (b) supervise and control the work of other supervisory, professional or managerial employees, or manage an "essential function" within the organization; (c) have the authority to hire and fire or function at a senior level within the organization; and (d) exercise discretion over the day-to-day operations of his or her function.

To qualify as an executive, the alien must: (a) direct the management of the organization or its major component or function; (b) establish the goals and policies of the organization, component, or function; (c) have discretionary decision-making power; and (d) receive only general supervision or direction from higher level executives or bodies.

To be classified as a specialized knowledge professional, the alien must (a) be a member of the professions and (b) have special knowledge of 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.

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Features

An alien with an L-1 visa or status may be recognized as having a dual intent. Hence the alien may qualify for an L-1 visa even if he or she has evidenced an intention to reside in the United States permanently at some future time. But evidence should still be presented to show that the alien's services will be required for a temporary period, and after that the alien will be transferred to an assignment outside of the United States.

The L-1 visa is generally issued for a period of three years, and may be extended in increments of two years up to a total of seven years. L-1 visa holders with specialized knowledge may stay for the maximum period of 5 years. Transferees sent to the United States to open a new office will receive a petition approval for one year and after that the Immigration Service will see if there has been an increase in the number of employees, growth in cash flow, and presence of customers in order to determine the need for a managerial or executive employee. The L visa may be reissued by the visa office in Washington, DC.

The spouse and children of the principal alien will receive L-2 visas. They are not permitted to work with L-2 visas.

Use L1A Visa if you own or control a business in your home country and want to establish a branch office, affiliated company or subsidiary in the USA. INS grants 1 year to start up the US business with a total extension periods of seven years. L1A visa can be easily converted to a green card after doing business in the U.S. for one year. If you own or control a business in your home country that already owns a U.S. branch office, affiliated company or subsidiary company then you can apply for a green card as a managerial transfer from abroad without coming to the US. You can come to the US as an L1A or as E1 or E2 if you are from a treaty company.

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Application Procedure

The L-1 visa applicant's prospective employer must file the petition with INS proving that the position cannot be filled from the domestic labor market and that the applicant is qualified for the job. Approved petition (Form I-129) is forwarded to an American consulate abroad, where the alien will apply for his or her L-1 visa.

During the interview, the applicant should explain all documents that have been submitted and answer any questions asked by the consular officer, in order to demonstrate that he or she satisfies the applicable visa requirements. how he or she satisfies the visa requirements described above. If the visa application is approved, the applicant will be requested to pay all relevant visa fees. If additional information is required, then the officer will schedule another interview. L-2 visa applicants will not be interviewed.

Required Documentation for L-1 Visa

  • Original I-797, Notice of Action

  • Passport

  • Two photographs

  • Completed OF-156 application form

  • Diploma or other professional credentials

  • Proof of experience in proposed field of work: resume, letters of recommendation from previous employers, publications, work-related correspondence, etc.

  • Copy of L1-A petition (Form I-129) submitted to INS and all other supporting documents filled with the I-129

  • Original transcript of tax returns for the last two years

  • Documents about the company in the U.S.

  • Company payroll records for last year, Company prospectus, Bylaws, and Registration documents

  • Company financial information

Required Documentation for L-2 Visa

  • Original Notice of Action (Form I-797)

  • Proof of relationship to primary applicant (marriage certificate, civil passport)

  • Photocopy of primary applicant's visa

Application Forms

AR-11: Change of Address Form
G-14: Information Form
G-28: Notice of Entry of Appearance as Attorney or Representative
G-325: Biographic Information
G-325A: Biographic Information
G-731: Inquiry About Status of I-551 Alien Registration Card
G-845: Verification Request (Non-SAVE Agencies)
G-942: Application Survey (for INS Employment)
I-9: Employment Eligibility Verification
I-90: Application to Replace Permanent Resident Card
I-102: Application for Replacement/Initial Nonimmigrant Arrival/Departure Record
I-129: Petition for a Nonimmigrant Worker
I-129F: Petition for Alien Fiance(e)
I-129S: Nonimmigrant Petition Based on Blanket L Petition
I-129W: Petition for Nonimmigrant Worker Filing Fee Exemption
I-130: Petition for Alien Relative
I-131: Application for Travel Document
I-134: Affidavit of Support
I-140: Immigrant Petition for Alien Worker
I-191: Application for Permission to Return to an Unrelinquished Domicile
I-192: Application for Advance Permission to Enter as Nonimmigrant
I-193: Application for Waiver of Passport and/or Visa
I-212: Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal
I-246: Application for Stay of Deportation or Removal
I-352: Immigration Bond
I-360: Petition for Amerasian, Widow(er), or Special Immigrant
I-361: Affidavit of Financial Support and Intent to Petition for Legal Custody
I-408: Application to Pay Off or Discharge Alien Crew
I-485: Application to Register Permanent Residence or to Adjust Status
I-485 Supplement A: Supplement A to Form I-485, Application to Register Permanent Residence
I-526: Immigrant Petition By Alien Entrepreneur
I-539: Application to Extend/Change Nonimmigrant Status
I-589: Application for Asylum
I-600: Petition To Classify Orphan As an Immediate Relative
I-600A: Application for Advance Processing of Orphan Petition
I-601: Application for Waiver of Grounds of Excludability
I-602: Application By Refugee For Waiver of Grounds of Excludability
I-612: Application for Waiver of the Foreign Residence Requirement
I-690: Application for Waiver of Excludability
I-693: Medical Examination of Aliens Seeking Adjustment of Status
I-698: Application to Adjust Status From Temporary to Permanent Resident
I-730: Refugee/Asylee Relative Petition
I-751: Petition to Remove the Conditions on Residence
I-765: Application for Employment Authorization
I-817: Application for Family Unity Benefits
I-821: Application for Temporary Protected Status
I-823: Application - Inspections Facilitation Program
I-824: Application for Action on an Approved Application or Petition
I-829: Petition by Entrepreneur to Remove Conditions
I-864: Affidavit of Support
I-865: Sponsor's Notice of Change of Address
I-866: Application Checkpoint Pre-enrolled Access Lane
I-876: Election Form to Participate in Employment Eligibility Confirmation Pilot Programs
I-881: NACARA - Suspension of Deportation or Application for Special Rule Cancellation of Removal
I-907: Request for Premium Processing Service
N-25: Request for Verification of Naturalization
N-336: Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA
N-400: Application for Naturalization
N-565: Application for Replacement Naturalization Citizenship Document
N-600: Application for Certification of Citizenship
N-643: Application for Certificate of Citizenship in Behalf of an Adopted Child

Check List

L-1 Checklist
L-1 Petition Documents Checklist