L-1 Visa: Intracompany Transfer

The L-1 Visa is for Executives or Managers (L-1A), or individuals with Specialized Knowledge (L-1B), who transfer to a US company from a related company overseas. L-1 candidates must establish one year or more of continuous full-time employment for a qualifying company outside of the US.

L-1 Visa: Basic Requirements

Basic L-1 visa requirements are as follows.

• L-1 Visa candidate must demonstrate at least one year of continuous, full-time employment for an enterprise outside of the US. Such employment must have occurred in at least one of the 3 years immediately preceding the application.
• L-1 candidate is being transferred from that overseas employer to a qualifying entity in the US. Qualifying company means a subsidiary, parent or affiliate of the foreign company or organization. That is, the overseas employer and US employer must show some sort of common ownership and relationship.
• With regard to Managers, first-line supervisors will generally not work for the L-1A.

L-1 Visa: Other Important Facts

The L-1 Visa is valid for a maximum of 5 (L-1B) to 7 years (L-1A). If the L-1’s sponsoring US entity has been open for less than one year, L-1 status is valid for an initial period of one year so that USCIS can confirm the sponsoring entity’s continued viability. In addition, time spent in L-1 Visa status counts toward the H-1B Visa maximum, and vice versa.

L-1A Visa Executives/ Managers may later apply for lawful permanent resident status (Green Gard) through the EB-1 Multinational Executive or Manager immigrant visa category. L-1B Visa holders who want permanent residence must in most cases apply through the lengthier and more laborious PERM labor certification process.

One L-1 alternative is the E-2 Investor Visa or E-1 Trader Visa. However, the E visa requires a treaty between the US and the applicant’s country of nationality. In addition, E Visa processing can vary dramatically from consulate to consulate. But the E Visa may offer advantages. These may include US consular processing, unlimited renewals, longer validity periods, and preservation of L-1 and H-1B time for future use.

A major drawback of the E Visa is that they are unavailable to nationals of certain countries. For example, the BRIC countries (Brazil, Russia, India and China) have no appropriate E visa treaties with the US.