L-1: Intracompany Transfer Visa Lawyers

An L-1 intracompany transfer visa is a type of nonimmigrant visa. Its purpose is to allow a U.S.-based employer to transfer a professional- or managerial-level employee who currently works in another country for the U.S. employer’s parent company, subsidiary, branch, or affiliate (i.e., to make a transfer within the company between a U.S. and a foreign office.)

L-1 visas also allow foreign companies that do not yet have an office in the U.S. to send an upper-level employee to the United States for the purpose of establishing a satellite office here.

L-1 visas are divided into two categories of workers: (1) executive and/or managerial employees, who receive an L-1A visa, and (2) professional workers who have “specialized knowledge,” who receive L-1B visas.

L-1 visas are available for both small and large companies. Unlike some other categories of visas, the United States has not placed any restrictions on the number of L-1 visas it will grant each year. This can make it quicker for an L-1 visa petition to get approved.

Who May Apply for an L-1 Visa?

Since this is an employment-based visa, it is the employer, not the employee/foreigner, who applies for the visa. The employer must satisfy the following requirements:

• The U.S. employer must be connected to the foreign company through one of the qualifying organizations (e.g., branches, subsidiaries, satellite offices, etc.)
• The employer must currently conduct business, or will conduct business, in both the United States and the foreign country for the duration of the foreign employee’s stay in the United States
• The offered position must be for either an executive or managerial employee, or an employee with specialized knowledge. “Executive capacity” generally means the ability to make a wide range of decisions without much oversight. “Managerial capacity” refers to the ability to supervise the work of professional employees and to manage the organization, or a department or subdivision of the organization.
  • It may also refer to the ability to manage an essential function of the organization at a high level, without direct supervision of others. “Specialized knowledge” means knowledge about the employer’s product, service, research, or other confidential information.

The sponsored employee must also meet certain conditions, including:

• The sponsored employee must have been employed by a qualifying organization in the foreign country for one full year within the three-year time period before the time they wish to be admitted into the United States
• If the foreign employee is being sponsored for an L-1A visa, then they must be seeking entry into the United States for the purpose of providing executive or managerial services to the U.S. properly affiliated company
• If the foreign employee is being sponsored for an L-1B visa, they must be seeking entry into the United States for the purpose of providing services that involve “specialized knowledge,” and they have the ability to provide those services.

Are There Other Requirements for an L-1 Visa?

One of the first requirements for obtaining an L-1 visa is determining which of the two L-1 classifications fit the description of the foreign employee’s job. For example, those who are seeking entry to the United States on an L-1A visa will need to prove that they are providing either executive or managerial services. In comparison, those who are applying for an L-1B visa will need to prove that they have special knowledge.

Foreign employers who are sending manager or executive employees to establish a new office within the United States must also demonstrate that:

• The employer has secured a physical place to house the new office
• The employer has the financial capacity to pay the employee and to operate a business in the United States (L-1B visas only)
• The employee has been employed for a period of one full year within the three years prior to filing for a L-1 visa (L-1A visas only)
• The U.S. office would support an executive or managerial position within one year of being granted an L-1 visa (L-1A visas only)

How Is an L-1 Visa Different From an H-1B Visa?

An H-1B visa is designed to allow a U.S. company to employ a college-level worker in a professional-level job. Despite the fact that both of these types of visas are for nonimmigrant high-level workers, there are a number of differences between L-1 intracompany visas and H-1B visas:

• H-1B visa holders must have a bachelor’s degree or a higher degree. L-1 visa applicants must have specialized knowledge, but are not required to have a bachelor’s or higher education degree
• L-1 visa petitions can only be filed by employers who have branches in more than one country. This is not required of H-1B visa employers.
• There is no limit on how many L-1 visas may be issued by the United States in a given year. In contrast, there is a cap on how many H-1B visas are issued each year. Generally speaking, H-1B visas are capped at 65,000 visas per year for bachelor’s degree positions, with another 20,000 visas reserved for positions which require a master’s degree or higher.
• Someone who receives an H-1B visa may leave the employer and find another company to sponsor their visa (their visa is “portable.”) L-1 visa holders must remain at their company for the duration of their stay.

How Long is the L-1 Valid?

If the purpose of the L-1 visa is to establish a new office in the United States, the visa will be issued for an initial maximum authorized stay of one year. All other L-1 visa holders will receive an initial maximum stay of three years.

An L-1A visa can be extended twice, for two year periods, until the maximum limit of seven years is reached. By contrast, L-1B visas can be extended in increments of two years until the employee has reached the maximum limit, which is five years.

May I Bring my Spouse and Children to the United States?

You may indeed bring your spouse and any unmarried children who are under 21 years of age. L-1 visa holders who wish to bring their family members to the United States can file an application under the L-2 nonimmigrant category.

Interestingly, L-2 visa holders can work in the United States without needing to obtain any additional visa.

May I Apply for a Green Card?

The L-1 visa category is known as a “dual intent” visa. This means that although when you obtain the visa you must promise to leave the U.S. when your visa expires, you can also have the intention to try to live in the U.S. permanently, with a permanent residence visa (a “green card.”)

Do I Need a Lawyer?

The L-1 visa process can be very confusing due to the complexities of U.S. immigration laws and policies. This process is only made more complicated by the fact that such laws fluctuate on a yearly basis. Therefore, it is a good idea for the employer and the employee to hire a local experienced immigration attorney for legal advice.

An experienced immigration attorney can make sure that both the employer and the employee meet all of the requirements to obtain an L-1 visa and can prepare the necessary forms. L-1 visa petitions frequently include a letter from the employer explaining to immigration officials the grounds for requesting the visa, so that the officials fully understand that the parties qualify for the visa. The attorney can draft that important letter.

An attorney can also recommend other options for immigration visas if they believe that the L-1 visa may not be the most appropriate choice.

Lastly, an attorney’s assistance will be valuable if the visa needs to be renewed.