L-1 Intracompany Transferee Visa
Cupertino Business Immigration Attorney
The L-1A nonimmigrant classification enables a U.S. employer to transfer
an executive or manager from a foreign office to an office in the United
States. In other words, this allows a foreign company to send an executive
to the United States to establish a U.S. office.
A manager has been defined as "someone who manages an entire organization
or department, supervises and controls the work of others, has the authority
to hire, fire or recommend personal decisions and is authorized to make
decisions concerning day-to-day operations."
An executive has been defined as "someone who directs the management
of the organization, sets goals or policies, possesses decision making
authority, receives only general supervision or direction from higher-level
executives or a board of directors or stockholders."
Obtaining L-1 Status
How can you obtain L-1 status? An employer must file a Form 1-29, Petition
for a Nonimmigrant Worker on behalf of the employee. To qualify for this
classification, an employer must meet the following requirements:
- Have a qualifying relationship with a foreign company
- Currently or will be doing business as an employer in the United States
The U.S. or foreign employer will need to collect evidence to file the
petition. These pieces of evidence include the following:
- An annual report
- Articles of incorporation
- Financial statements
- Copies of stock certificates
- A letter from the alien's foreign qualifying employer (this will detail
your dates of employment, job duties, qualifications, salary, proof that
you worked for the employer for at least one continuous year in the three
year period preceding the filing and a description of the proposed job
duties and evidence that you are in an executive position)
The named employee must have been working for the organization abroad for
one continuous year within the three years preceding his/her admission
to the United States and be seeking to enter the United States to provide
service in an executive capacity for a branch of the same employer.
The employer must also show that he/she has secured physical premises to
house the new office and that the U.S. office will support an executive
position within one year of the approval of the petition. An employee
entering the U.S. to establish a new office is allowed a maximum, initial
stay of three years.
Other Information You Should Know
Requests for extensions of stay are granted in increments up to an additional
two years, until an employee reaches the maximum limit of seven years.
A transferring employee can be accompanied by his/her spouse and unmarried
children, under the age of 21.
Canadian citizens are exempt from the L-1 Visa requirement, so they can
present a completed I-129S and supporting documentation to a U.S. Customs
and Border Protection officer at a port-of-entry. Benefits of the L-1
Visa include entering the country with a small investment and the potential
of it leading to a GreenCard.
The L-1 is a versatile Visa that can be obtained in a month's time
if you pay an extra $1000 for Premium Processing. While full time employment
is not required to obtain L status, you must dedicate a large portion
of your time on a regular basis to the company while in the U.S.
New employees cannot be transferred prior to serving one year abroad as
a manager or executive of the foreign company.
An L-1 intracompany transferee Visa could be a viable option for you. There
is no limit on the number of these issued each year, you can pursue permanent
resident while on L-1 status and there is a matching permanent residency
category which makes getting a green-card relatively easy. Check out the
following links for more helpful information:
For more details, it is recommended that you contact the Law Office of
Timothy D. Widman immediately. The firm would love to answer any of your
specific questions and guide you through this process in a more comprehensive
manner! The business immigration attorney has assisted businesses such
as tech startups, corporate entities, and many other companies with obtaining
visas for their foreign workers. You can reach Attorney Widman today by
calling (408) 780-1684!