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L-1A Intracompany Transferee Executive or Manager: USA Immigration

The L-1 nonimmigrant visa allows a U.S. employer to transfer a company manager or executive from one of its branch offices abroad to one of its offices within the United States. The L-1 program also allows a foreign company to transfer a manager or executive to the United States in order to establish a branch office or subsidiary company.

L-1A Intracompany Transferee Requirements and Application Process:

The employer must file Form I-129 Petition for Nonimmigrant worker. In order to qualify for the L-1A intracompany transferee visa, the employer must show ties to a foreign company such as an affiliated company, branch office, or subsidiary. The company must also be an employer in the United States or be in the process of becoming a U.S. employer, and in addition, the company must provide evidence that they are an employer in at least one other country. The company must be doing regular business, and cannot merely show that they have a physical office in the United States or other country abroad.

L-1 Requirements of the Manager or Executive:

To qualify for the L-1A visa, the manager or executive must show that they have been working full-time for the company for at least one year, within the past three years. The manager or company executive must also show that they are entering the United States in order to continue performing duties of a manager or executive in a branch office or affiliated company.

L-1A Visa Requirements in Establishing a New Branch Office:

In order to be approved for an L-1A visa for the purpose of establishing a new branch office in the United States, the manager or company executive must show that they have worked as an executive or manager for one year in the past three years. In addition, the company must show that they have secured sufficient office space in the United States for the new branch office, and that the U.S. branch office will have a manager or executive on the premises within one year of approval of the L-1A petition.

Family Members of L-1 Visa Holders:

L-1 visa holders are allowed to bring their spouse and dependent children under 21 years of age to the United States. Family members of L-1 visa holders are given L-2 visa status and are allowed to stay in the U.S. as long as the L-1 visa holder’s visa remains valid. Children of L-1 visa holders are not allowed to obtain employment while in the United States, however, the spouse of the L-1 visa holder may obtain work authorization by filing form I-765, Application for Employment Authorization.

L-1A Blanket Petitions:  

Corporations can choose to apply for a L-1 blanket petition, in which the company would have an easier and quicker time transferring employees to the United States. Instead of filing individual L-1 applications, the company would be able to transfer employees only by completing Form I-129S, Nonimmigrant Petition Based On Blanket L Petition. An employee would present this I-129S along with a copy of the blanket petition approval notice and required evidence mentioned above, to the consular officer in order to gain entry into the United States. This options gives employers must greater flexibility since it allows them to transfer employees to the United States on short notice.

L-1 B Blanket Petition Requirements:

The U.S. employer must also satisfy ONE of the following eligibility requirements:

L-1B Intracompany Transferee Specialized Knowledge:

L-1B visa allows U.S. employers to transfer a professional employee with specialized knowledge from one of its foreign branch offices, subsidiaries, or affiliated organizations to the United States in order to carry out specialized duties that are essential for the U.S. employer’s business. The U.S. employer must show that the specialized knowledge is related to the company’s interests.
In addition to the general requirements of the L-1 visa mentioned above, the U.S. employer must show that the employee possesses specialized knowledge that is not ordinary in the business, and that the employee does not simply possess knowledge or skills related to the company’s general interests. In order words, you cannot use the L-1B specialized knowledge visa to simply transfer ordinary workers from affiliated companies abroad.

Specialized Knowledge for L-1B purposes can be related to:

Sending L-1B Specialized Knowledge Person to New U.S. Office:

In order to send an employee with specialized knowledge to a new U.S. office, the company must show that the appropriate office space has been secured and that the company has the ability to pay the specialized knowledge worker. In addition, as in the case of L-1A visas for securing a new U.S. office, the new U.S. office must show that it will begin doing business.

L-1B visa under blanket Petition:

The same requirements apply with the L-1 blanket petition guidelines mentioned above, however, the specialized knowledge employee must also be a professional in order to qualify.   

L-1 Visa Validity Period:

L-1 visas are generally valid for up to three years; however L-1 visas for purposes of establishing a new office in the U.S. are valid for one year. Specialized workers with L-1B visas may renew their L-1B visa for 2 year periods, until they have resided in the U.S. for a maximum of 5 years. For more information on L-1 visa renewals, please see our frequently asked questions below.

L-1 Visa FAQ
L-1 Visa Frequently Asked Questions:


Are there any traveling restrictions with the L-1 Visa?

No. You are allowed to travel in and out of the United States, until your L-1A status expires. At that time you may renew your L-1A visa and get travel authorization.


How long can I renew my L-1 visa for?

The initial L1-A visa is issued for one year to set up operations of the new subsidiary or branch of the company you will be working for. The L-1A visa can be renewed for an additional two years. After this point, the L-1 holder can apply for permanent residency, in which they will continue to support the U.S. branch office.


What are the main benefits of the L-1 Visa?

 

After obtaining L-1 status, can I work for a different company?

No. You can only work for the U.S. company that sponsored your L-1 visa. If fired from the company, you may apply for a new L-1 status as long as another U.S. company will sponsor you.


How long can I remain in the U.S. for under L-1 Status?

You may get your visa approved for up to three years. After that, you may get two year extensions on the visa. You may renew until you have been in the country for 7 years if you are working as a manager or company executive, or 5 years if you are an employee with specialized knowledge.


What is the difference between the L-1A and L-1B Visas?

Whereas the L-1A visa is for managers and company executives, the L-1B visa is for company employees that have specialized knowledge related to the products and services offered by the company. The L-1A visa allows company managers and executives to apply for a Green Card without completing the process of Labor Certification. On the other hand, Labor Certification is required for those on the L-1B visa.


What is the processing time for the L-1A and L-1B visa?

The normal processing time for L-1 visas is about two to four months; however, it may be quicker, in one to three weeks depending on whether or not the U.S. company is covered by an L-1 Blanket? The L-1 blanket is meant for companies that frequently transfer company employees to the United States to work at their branch offices and subsidiaries.


Requirements for the L-1 Blanket: The company must meet at least one of the following

 

How do I apply for an extension of my L-1 status?

You can apply for an L-1 extension by filing the I-29 and the L supplement. You can apply for a maximum of 2 year extensions at a time. You can keep L-1 status for a maximum of 5 years if you are a manager or company executive, or 5 years if you are a company employee with specialized knowledge.


Can I expedite my L-1 Visa petition?

Yes, you can expedite your L-1 Visa case by using the USCIS’s Premium Processing program. For an additional $1,000 USD, the USCIS will process your case in 15 days. If more evidence is needed, they will inform you of such a decision at that time.


What are the minimum requirements for an L-1 executive?

To qualify as an L-1 executive, one must work for a company for at least one year as a company manager or executive, in the past three years.

 

What status is given to dependents of L-1 Visa Holders?

L-2 status is given to the spouse and dependent children of L-1 Visa holders. The spouse of a L-1 visa holder may obtain Employment Authorization, however, the dependent children of an L-1 visa holder may not obtain employment.

 

What is Labor Certification for an L-1 visa?

Labor Certification is a process by which the U.S. employer must prove that there are no qualified U.S. workers to fill the employment position available.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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