L-1 Intracompany Transferee

Which Companies Qualify to Transfer Employees to the United States?

Only those companies which exactly meet the Immigration Service’s definitions of a parent, branch, subsidiary or affiliates qualify to petition for an L-I Intracompany transferee visa. These definitions are very precise and require an analysis of both the foreign and US ownership of the companies. Both the foreign and US operations must be doing business for the entire time that the L-I employee is working in the United States.

There are provisions to allow a new office to open in the United States provided that evidence is submitted to the Immigration Service to prove that the new office has a suitable place to do business, a qualifying business structure exists, and that the employer has the ability to pay the employee and to begin doing business in the United States.

Each case must be well documented with evidence proving all of the legal criteria are met.

Which Employees Qualify as L-I Intracompany Transferee?

Intracompany transferees are executives, managers and employees with specialized knowledge. The definition of manager includes an employee who manages an essential function of the business within a qualifying organization. Specialized knowledge employees must have special knowledge to the organization’s product, service, research, equipment, management, or other interests, and its application in international markets, or advanced knowledge or expertise in the organization’s processes and procedures. Classifying the employee in the right category is important, particularly if the company might later want to sponsor the employee for permanent residence. The intracompany transferee petition always should be structured to allow the easiest transition to permanent resident status.

A key qualification for all employees is continuous employment abroad by a qualifying foreign employer for one year within three yeas preceding the time of the employee’s application for admission into the United States.

How Long Can L-1 Employees Remain in the United States?

The L-1 is a temporary visa with specific limitations on periods of stay in the United States.

• If the employee is qualified as a manager or executive, he or she may remain in the United States for up to seven years.
• If the employee is classified in the specialized knowledge category, he or she may stay up to five years.
• An exception to these limits exists where the employment in the United States is seasonal, intermittent or an aggregate of six months or less a year.

How Does the Company Get an L-1 Visa for its Employees?

A petition for an L-1 visa must be filed by the company with the Immigration Regional Service Center having jurisdiction over the place of intended employment. Except for a company which is opening a new office in the United States, the initial petition may be granted for a three-year period and renewed in two-year increments up to the maximum permitted stay. New offices are limited to an initial twelve-month period with extensions depending on the business performance of the new office. Once the petition is approved, the employee may apply for an L-1 visa at a U.S. Consulate abroad. If the employee is in the United States and maintaining some other legal status, he or she may apply for a change of status in the United Sates.

Spouses and unmarried children under 21 years old of Intracompany transferees may be granted L-2 visa. An L-2 visa holder is not permitted to work in the United States.

L-1 Visa Application

A. Beneficiary's Certificate of Employment, and biographic information.

B. Documentation of the parent company:

• Business License
  
• Balance Sheet
  
• Profit & Loss Statement/Financial Statement/Tax Return
  
• Corporate Organization Chart
  
• Introduction of Parent Company/Brochure
  

C. Documentation of the Subsidiary:

• Certificate of Incorporation
  
• Articles of Incorporation
  
• Stock Certificate
  
• Lease Agreement for office facilities
  
• Evidence of working capital available for setup operation
  
• Staff/organization information
  
  

L-1 Visa Extension

Please provide the supporting materials/documentation to demonstrate that your company in the United States has engaged in the regular, systematic and continuous provision of goods or services for at least one year.

1. Lease/title of business equipments - vehicles
   
2. Office lease
   
3. Mortgage/rent receipts
   
4. Bank statements
   
5. Corporate Tax returns - quarterly State/federal tax filings
   
6. W-2/1099 of yours and your staff's
   
7. Title/duties of your staff
   
8. Brochure/Business/Marketing proposals
   
9. Telephone bills
   
10. Copies of advertisements
    

1. Applicable business/trading permits-licenses
   
2. Sales/Purchase orders
   
3. Bills of lading/customs clearance documents
   
4. Letters of Credit
   
5. Invoices/contracts
   
6. Other business transaction documentation