Intracompany Transerees

L-1A Visa

L-1A Visa Classification

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A U.S. employer is able to transfer an executive or manager from one of its affiliated offices abroad to one of its U.S. offices. When the foreign company has not yet had an affiliated U.S. office, it is allowed to transfer an executive or manager to the U.S. to set up one new office/affiliation. The transferred executive or manager is qualified for L-1A visa.

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L-1A Visa Eligibility

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The U.S. employer must:

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  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

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The L-1A transferee must:

  • Have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations. “Executive capacity” generally refers to the employee’s ability to make decisions of wide latitude without much oversight. “Managerial capacity” generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.  [8 CFR 214.2(l)(1)(ii)]

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New Office must:

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  • Have secured sufficient physical premises to house the new office;
  • The L-1A transferee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
  • Support an L-1A executive or managerial position within one year of the approval of the petition. [8 CFR 214.2(l)(3)(v)]

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L-1B Visa Classification

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A U.S. employer is able to transfer a professional with specialized knowledge relating to the company’s interest from one of its affiliated offices abroad to one of its U.S. offices. When the foreign company has not yet had an affiliated U.S. office, it is allowed to transfer a professional with specialized knowledge to the U.S. to assist with setting up one new office/affiliation. The transferred employee with specialized knowledge is qualified for L-1B visa.

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L-1B Visa Eligibility

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Compared with L-1A visa classification, the L-1B transferee must be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. “Specialized knowledge” means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures [8 CFR 214.2(l)(1)(ii)(D)]

Other eligibilities of L-1B visa is same as the L-1A visa.

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Change from L-1B Specialized Knowledge Capacity to L-1A Manager or Executive

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When the L-1 transferee is initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, the transferee must have been employed in the managerial or executive position for at least 6 months to be eligible for the L-1A visa, which allows the total period of stay of 7 years.

The change to managerial or executive capacity must be approved by USCIS in an amended, new, or extended petition.

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Period of Stay

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The initial period of stay of L-1 visa is up to 3 years. New office L-1 visa’s initial period of stay is 1 year. Extension of stay is allowed for up to additional 2 years.  The maximum period of stay is 7 years for L-1A and 5 years for L-1B.

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Dependents’ L-2 Status

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Spouses and children under 21 years old may seek admission in the L-2 visa and, if approved, generally will be granted the same period of stay as the L-1A transferee. L-2 spouse is eligible for work authorization while staying in the U.S.

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How to Apply?

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  • Generally, the U.S. employer files an L-1 petition (Form I-129) with applicable filing fees and supporting documentation with USCIS. Canadian employee is permitted to file the L-1 petition at the CBP POE.
  • Supporting documents include evidence to establish the qualifying relationship between the foreign company and U.S. company, L-1A transferee’s executive/managerial capacity and one-year continuous employment with the foreign company, both companies’ formation and documents showing “doing business”, etc.
  • After USCIS approval, the L-1 transferee may apply for L-1 visa at the U.S. consulates and enter the U.S. with the valid visa stamp.

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Dual Intent

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The L-1 visa is a dual intent visa and has a straightforward path to green card application. The L-1 transferee may apply for green card while working in the U.S. with the L-1 visa.