L-1 Intra Company Business Visa
(US Temporary Visa for Foreign Employees)
L1 intra company business visa allows managers, executives and specialized
knowledge employees to transfer from a foreign company to a US parent,
affiliated, or subsidiary branch to perform temporary jobs.
A Brief Description of U.S. L-1 Business Visa: The L-1 visa is a
temporary visa (non-immigrant visa) that allows companies
operating both in the
United States and abroad to transfer certain classes of employee from its
foreign operations to its U.S. operations for up to seven years. The employee
must have worked for a parent, affiliate, subsidiary, or branch office of the
U.S. company outside of the USA for at least one year out of the last three
years.
Companies operating in the United States may apply to the relevant BCIS (Bureau
of Citizenship and Immigration Services) center for an L1 transferee visa to
transfer someone to the U.S. from their foreign operations. Employees in this
non-immigrant category will initially be granted an L1 visa for up to three
years. The extensions are available in two/three-year increments, with a total
dwell not to exceed seven years. Normal processing time of the L-1 visa at the
USCIS is 30-60 days.
There are two types of employees who may be sponsored for L-1 intra company
business visas. To be exact, there are two types of L-1 visas, namely, the
L-1A visa for Managerial/ Executive Staff and the
L-1B visa for
Specialized Knowledge Staff.
Managerial/ Executive Staff: The legal meaning of management and
executive roles for these purposes is quite strict, and a detailed description
of the duties attached to the position will be required. In particular, the
managers or executives should have supervisory responsibility for professional
staff and/or for a key function, department or subdivision of the employer. Such
personnel are issued an L1A visa, initially for a three year period extendible
in two year increments to a maximum of 7 years.
Specialized Knowledge Staff: This classification covers employees those
with knowledge of the company's products/services, research, systems,
proprietary techniques, management, or procedures. Staffs in this category are
issued an L1B visa, initially for three years extendible to a maximum of 5
years.
On completing the maximum permissible period in L-1 status, the employee must be
employed outside the United States for a minimum of one year before a new
application is made for L1 status.
Conversion to Permanent Residence Status: In limited situations, it may
be possible to convert the L1 transferee visa for managers and executives to
lawful permanent residence status (“
Green Card”).
L1 Petitioner Procedures: The first step is to submit an L1 visa petition
to the USCIS by a U.S. or foreign business concern. The visa is valid for a
maximum initial period of three years. Upon receiving the USCIS L-1 approval
notice, the foreign transferee must apply for visa issuance at a U.S. Embassy or
Consulate showing the following details:
- Certification from the petitioner of twelve months of qualifying
employment outside the USA
- Credentials for the position, such as diplomas, licenses, resumes, etc
- A job offer letter for the position in the USA. Usually, visa issuance
under an L1 transferee visa takes just one day at major consular posts
In order to sponsor an application for an L1 visa, the following
considerations are important:
- A foreign parent must own at least 50% of a US subsidiary, and have veto
powers over the subsidiary's actions.
- A US parent must own at least 50% of the foreign subsidiary, and have veto
powers over the subsidiary's actions.
- Affiliate US and foreign companies must each be at least 50% owned by the
same ultimate parent; A US business with a branch office abroad qualifies, as
does a foreign organization with a US branch (though this must be more than
simply an agent or representative).
- A US business that employs sales personnel etc., overseas can sponsor such
employees for L1s even if the overseas personnel are not affiliated with a
foreign related office, provided that the US employer is doing business in at
least one foreign country.
- All L1 employees must have been employed by the company outside of the USA
for at least one of the three years preceding the transfer unless the
beneficiary of a blanket. It does not matter if the worker was directly
employed by the sponsor, or paid through an agency or personal service
company, or even on a freelance basis, provided the sponsor had management and
control over the worker during the qualifying year.
- The employee must have been employed during the qualifying year as an
executive, manager, or specialized knowledge worker, though it permissible for
a specialized knowledge worker to come to the United States as a Manager or
Executive, and for a manager or executive to come as a specialized knowledge
worker, provided the US operation has been doing business for at least one
year.
- Managers and executives must generally supervise other professional or
managerial staff and/or direct and control the day-to-day operations of a
significant function, unit or subdivision of the employer.
Employment for L-1 Dependents: L-1 dependents (including spouses and
children under 21) receive L-2 visa status. They are allowed to remain in the United
States as long as the L-1 visa holder. L-2s spouses may obtain approval to work
in the country in any type of employment. Currently, there is no work permission
provision for L2 children.
For further information regarding the L-1 intra company business visa and
immigration in general, please contact us.
