Immigration

L-1 Intracompany Transferee Employees

This visa allows companies operating in the U.S. and abroad to transfer certain classes of employees from a company’s foreign operations to the U.S. operations. New companies in the U.S. may also qualify.

There are 2 types of L-1 Visas: L-1A and L-1B. The L-1A Visa applies to managers or executives. While L-1B Visas apply to employees with specialized knowledge.

Benefits of L-1 Visas:

The L-1 visa is not country specific, and it is a Dual Intent visa. This means that the transferee employee(s) is not required to maintain a foreign residence and may apply for a green card later.

The transferee employee may bring his or her spouse and any unmarried children under the age of 21 years old. These family members may also seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the transferee employee.

Spouses of L-1 Visa holders may apply for work authorization. If approved, there is no specific restrictions as to where the L-2 spouse may work.

L-1 Visa Requirements for the Employer:

The employer as well as the employee must meet certain criteria to qualify for the L-1 Visa.

The Employer:

The employer must be, or will be, doing business as an employer in the United States and at least one other country (country of origin) directly or through a qualifying organization for the entire time the transferee employee stays in the United States as an L-1. The type of business could be positioning goods and services in foreign grounds.

The Transferee Employee:

Within the 3 years leading up to admission to the U.S., the transferee employee must have worked as a manager or executive for the foreign company continuously for at least 1 year. The transferee employee must also be qualified by experience and/or education to work in his/her position with the company. If the transferee employee is not a manager or director, the employee must have specialized knowledge necessary to the employer’s business. Some additional requirements apply.

While the employee is not required to work full-time to maintain the L-1 visa, he or she must dedicate a significant amount of time in the U.S. to the company on a regular and systematic basis.

Required Documents

The following documentation is necessary to gain approval from USCIS.

Documentation from the Foreign Company:

1. Most recent annual report or financials for the last 3 years.

2. Company brochure or marketing material.

3. Copy of office lease.

4. Evidence of ownership with U.S. company.

5. A job offer letter detailing duties to be performed in the U.S.

6. A copy of a detailed organizational chart of the foreign company.

Documentation required from the U.S. Company:

7. Most recent annual report or tax return for the last 3 years.

8. Company brochure or marketing material.

9. Copy of office lease.

10. Evidence of ownership with foreign company.

11. A copy of a detailed organizational chart of the U.S. company.

Documentation from the Transferee Employee:

12. Copy of Visa and I-94 if in the U.S.

13. Evidence that the transferee employee worked at foreign company during the last year. This can be in the form of a letter from the employer, copies of paychecks, pay stubs, etc.

14. Copy of resume.

15. Copies of diploma and transcripts from university degrees (if available).

16. Copies of letters of experience from previous employers (if available).

Documentation needed for a new company:

All of the above documents are required except the annual report or tax return. Instead, a business plan is necessary (including projected income statement, balance sheet and organizational chart). Our firm can assist the applicant in the preparation of the business plan.

Renewal and Extension of L-1 Visa:

All of the above, and copies of the transferee employee’s 3 most recent paychecks.