Intracompany Transferee L-1 Visa

Employees of an international company who are being temporarily transferred to a parent branch, affiliate, or subsidiary of the same company in the United States require Intra Company transfer (L-1) visas. The international company may be either a U.S. or foreign organization. To qualify, the employee must be at the managerial or executive level, or have specialized knowledge and be destined to a position within the U.S. company at either of these levels, although not necessarily in the same position as held previously. In addition, the employee must have been employed outside the U.S. with the international company continuously for one year within the three years preceding the application for admission into the United States.

Opening an office

An L-1 visa is also the appropriate visa classification for a qualified employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States, i.e. commence business. When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the approval of the petition, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner will be required to show that it has the financial ability to remunerate the beneficiary and to commence doing business in the United States. A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is doing business as described above in order for the petition and alien’s stay to be extended beyond one year.

Individual petition verses blanket petition

The employment must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129 L, filed by the employer with the USCIS Service Center. Companies seeking the classification of multiple aliens as intra company transferees may file a blanket petition with USCIS. The blanket petition provision is meant to serve only relatively large, established companies having multi-layered structures and numerous related business entities. The blanket petition provision is available only to managers, executives and specialized knowledge professional that are destined to work in an established office. Any questions which you may have concerning this process should be addressed to the appropriate USCIS office in the United States.

What happens once a petition has been approved by USCIS?

If an L petition has been approved in your name you will be required to apply for a visa before traveling to the United States. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa

Spouses, Children & Partners

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 L-2 visas. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program.

L-2 verses F-1

There is no requirement that the spouse and/or children of an L-2 visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on an L-2 visa. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Working on an L-2 visa

Spouses may seek employment authorization on derivative L-2 visas. For further information, please contact the USCIS on your arrival in the United States.

Please Note: No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.