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 L1- Intracompany Transferee Visas

 

 

The L-1 (Intracompany Transferee) visa category is intended to facilitate international business by permitting the transfer of non-U.S. managers and specialized personnel into the U.S. by companies with operations in the U.S. and abroad.

Currently, there are two types of  "L" Visas:

I. L-1A visas for employees in an executive or managerial position

Managerial capacity means an assignment with an organization in which the employee primarily:

  1. manages the organization, department, subdivision, function or component

  2. supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization

  3. has authority to hire and fire or recommend personnel auctions (if other employees directly supervised), or if no direct supervision, functions at a senior level within hierarchy or as to function managed and

  4. exercises discretion over day-to-day operations of the activity or functions;

Ex: first line supervisors are not considered to be in a managerial position unless they supervise other professionals. Nonetheless, absent supervision of employees does not preclude one from qualifying as a manager. Under new regulations, a person may be considered a manager even if he is an only employee of the company, where he utilizes outside independent contractors or where business is complex.

Executive capacity means that employee primarily:

  1. directs the management of the organization or a major component or function;

  2. establishes goals and policies;

  3. exercises wide latitude in discretionary decision making and

  4. receives only general supervision or direction from higher level executives, board of directors or stockholders.  

II. L-1B visas for employees in a specialized knowledge capacity:

Specialized knowledge is defined to include the person who has an advanced knowledge of processes and procedures (i.e. products, services, research, management and other interests) valuable for competitiveness of the company.

The Main Requirements for L-1 Visas

  1. alien must be employed continuously abroad for 1 of the past 3 years by parent, branch, affiliate or subsidiary of U.S. company preceding his application for admission.

  2. the company for which the alien worked abroad and intends to continue to work in the US may be a firm, corporation or other legal entity or its parent, branch, affiliate (including profit, not-for-profit, charitable, religious organizations) 

  3. Alien seeks to enter the USA temporarily to continue to work for same employer or its branch, subsidiary, or affiliate.

Other requirements for a petitioner.

a) Petitioner is required to demonstrate its ongoing international nature and that it continues to do business in the United States and abroad.

b) Must continue to do business in the U.S. and abroad for the duration of the Intracompany Transferee's stay in the United States. (The regulations also require a qualifying organization to demonstrate  the existence of foreign operations to which the employee can reasonably be expected to be transferred at the end of the authorized stay in the United States).

c) A qualifying relationship between the business in the U.S. and the business abroad must exist. (The petitioner desiring to bring the alien to the United States must be "the same employer or an affiliate or subsidiary thereof" for whom the alien has been employed abroad prior to entry).

Family members. Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative or L-2 Visas.
 

Working on an L-2 Visa: As a result of a recent change in the law, spouses of L-1 visa holders may seek employment authorization on derivative L-1 visas. For further information, please contact the USCIS on your arrival in the United States.

Visa Validity/Time Limits. L-1 Intracompany Transferee executives and managers (L1A) may remain in the United States for up to seven years. Specialized knowledge personnel (L1-B), however, are limited to a five-year stay. No extensions for "extraordinary circumstances" are permitted.

   

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