L-1 Intracompany Transferees

The L-1 visa is based on the notion that multinational companies should be able to freely transfer certain key classes of critical employees. It is available to intracompany transferees who, within three years of the time of his or her application for admission into the U.S., has been employed continuously for one year by a firm, corporation or other legal entity or affiliate or subsidiary thereof and intends to work in the U.S. with the same employer or its subsidiary or affiliate in a capacity that is either managerial or executive (L-1A) or involves specialized knowledge (L-1B).

To qualify for an L-1 visa, the foreign and U.S. entities must ave a qualifying relationship. The key issue for proving this relationship is control, which has generally been found to exist in the following relationships: parent/subsidiary, joint venture (must be a 50%-50% relationship), common ownership, effective control (i.e.: less than 50% ownership but the exercise of actual control due to dispersed ownership in the remainder of the stock) and accounting affiliates. Companies with licensing or franchise agreements do not qualify. The organization must continue to have an ongoing business entity in at least one other country during the entire time that the foreign national is in the U.S.

An L-1 nonimmigrant must have been employed by the foreign entity for at least one year within the three years prior to the filing of the L-1 petition. Employment is determined by the question of who controlled the actions of the foreign national, and not necessarily by whether or not the applicant was paid directly by the foreign entity. The one year of employment must have been on a full time basis. The foreign national need not have worked in the same position as the one he or she intends to fill upon entering the U.S.

The definitions of an L-1 executive, manager or person of specialized knowledge are defined by USCIS regulations. USCIS typically will not issue an L-1A visa to a so-called "front line" manager (i.e. a person engaged in "front line" supervision of low level employees), unless the employees being supervised are either managers themselves or "professionals" (i.e. the individual has and is performing a job that requires at least a U.S. bachelor's degree or its equivalent).

Under certain circumstances, it may be possible for employers to apply for a "Blanket" L-1 visa, through which foreign entities can avoid filing individual petitions with USCIS by, in essence, pre-qualifying their need for employees in specific job categories. In order to qualify for a blanket L-1 visa, a foreign national need only be employed with the foreign affiliate for 6 months within the previous three years. Upon attaining a blanket L-1, pre-qualified managers, executives and specialized knowledge professionals can go directly to the U.S. consul to seek approval of an L-1 visa.

Whenever possible, it is advisable for a foreign national to enter on an L-1A rather than an L-1B. First, with limited exceptions, foreign nationals who enter the U.S. on an L-1A visa are permitted to remain in the U.S. for a maximum of seven (7) years while persons admitted on L-1B visas are limited to a maximum stay of five (5) years. Second, there is an immigrant visa category specifically designated for executives and managers of multinational organizations which allow for a "fast track" green card process that is significantly quicker than the labor certification process. NOTE: An L-1 nonimmigrant is permitted to enter the U.S. even if the applicant intends to apply for permanent residence after arriving in this country.

Spouses and minor children can accompany L-1 nonimmigrants as L-2 dependents (i.e. spouses and children). Spouses of L-1 visa holders are permitted to work upon obtaining an employment authorization document.

If an individual changes his or her status in the United States to an L-1 visa and then wishes to travel abroad, he or she must go to the U.S. Consulate in the country he or she is traveling to in order to obtain an L-1 visa in his or her passport.