Obtaining L-1 Visa for Intracompany Transferres

The L-1 Visa is a nonimmigrant work visa designed for intracompany transferees that work within a global company. The L-1 Visa allows specific types of employees (usually an employee who is at the executive or managerial level or an employee with some kind of specialized knowledge, training or unique skill set) to travel to the U.S. and work in the U.S. offices of their international company. For an employee to come to the U.S. on an L-1 Visa, he or she must have worked for the company for 1 full year over the past 3 years. Throughout the duration of an employee’s L-1 Visa term in the U.S., their employer must be involved in business dealings both in the U.S. and in at least one office abroad.

In order for a company to qualify for and use the L-1 Visa, they must be an international company with offices in both the U.S. and abroad. The U.S. and abroad offices must have one of the following relationships in order to qualify for the L-1 Visa:

– Parent company – a larger company that owns enough voting stock in another firm to control the management and operations of a smaller company.

– Subsidiary – a smaller company owned by a larger corporation.

– Affiliate – a company that is connected to another organization.

– Branch – a location other than the company’s main office where the business operates.

– 50/50 joint venture – an equal partnership.

How Long Will My L-1 Visa Last?

The length of your visa will be dependent upon whether you are applying for an L-1A or L-1B visa.

L-1A visas are meant solely for employees at the executive or managerial level. These employees must have been working in an executive or managerial position for at least 1 of the past 3 years, and must be looking to enter the U.S. to work for their current company in an executive or managerial role.

L-1B visas are meant for those employees who have specialized knowledge or training needed within the company’s U.S. office. In order for an employee to be eligible for an L-1B visa, he or she must have worked for the employer for at least 1 of the past 3 years in a position where he or she was providing the company with his or her specialized knowledge or training.

Employees who enter the U.S. on an L-1A Visa are allowed to stay in the U.S. for up to 3 years, and then, following that initial 3-year period, they can renew their visa every 2 years for a maximum stay of 7 years.

Employees who enter the U.S. on an L-1B Visa are also allowed to stay in the U.S. for an initial period of 3 years, and then they can renew their visa every 2 years but are only allowed to stay in the U.S. for a total of 5 years.

How Do I Get an L-1 Visa?

In order for you to obtain an L-1 Visa, your employer must file an L-1 nonimmigrant petition with the U.S. Citizenship and Immigration Services on your behalf. Once the petition is approved, you can then apply for your L-1 Visa at the U.S. Consulate in your country of residence.

Can My Family Come Too?

Yes; your spouse and any of your children under the age of 21 may accompany you to the U.S. They will be allowed to enter the U.S. with an L-2 Visa and may stay in the U.S. for the same amount of time as you, the L-1 employee.

Additionally, as the holder of an L-2 Visa, your spouse may apply for work authorization while in the U.S.

What If My Company Needs to Open a New Office in the U.S.?

If an employee is entering the U.S. on either an L-1A or L-1B Visa with the intent to open a new office for the company, he or she can only stay in the U.S. for an initial period of 1 year.

For both the L-1A and L-1B visas, the employer must provide evidence that he or she has successfully acquired a physical location where the new office will be.

For L-1A visas, the employer must prove that the employee has been working in an executive or managerial role within the company for at least 1 of the past 3 years prior to filing the visa application.

For L-1B visas, the employer must prove that the company is financially able to pay the specialized employee so he or she may begin working in the U.S.