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

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.

Helpful Resources

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:

• U.S. Customs Border Protection
• L-1B Intracompany Transferee Specialized Knowledge, U.S. Citizenship and Immigration Services

For more details, it is recommended that you contact the Law Offices 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.