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L-1 Visas: Intracompany Transfers
The L-1 visa is a class of nonimmigrant visas that allows executives, managers and others with specialized knowledge to transfer from a company's overseas office to one in the United States. L-1 visas are attractive to US employers because there are no quota limits on the number of L-1 visas that are offered each year. Other employment-based nonimmigrant visas, like the H-1B visa, have strict limits on the number that will be issued each year.
In order to qualify, the transfer must be to a US-based branch, affiliate, subsidiary or joint-venture partner of the company located overseas. The employee must have worked outside the US for the company for at least one year within the preceding three years before he or she will be eligible to apply for the L-1 visa program. Currently, the maximum amount of time an executive or manager can remain in the US on an L-1 visa is seven years, while a person with specialized knowledge is limited to five years.
Eligibility
To be eligible, the employee must be an executive, manager or have specialized knowledge.
- To qualify as an executive, the person must be responsible for directing the management of the organization itself or one of its departments and be involved in setting goals, creating policies and decision-making
- To qualify as a manager, the person must have the duties and responsibilities commensurate with someone in this position, such as hiring and firing employees, supervising employee work and making decisions concerning the daily operations of a certain component, function or activity of the organization
The definition for specialized knowledge is much more general than the requirements for an executive or manager. Current immigration law defines specialized knowledge as the "special knowledge of the employer's product or its application in international markets or an advanced level of knowledge of the employer's processes and procedures."
The specialized knowledge category has been criticized for not providing enough guidance to immigration officials to determine whether an applicant qualifies. Most L-1 visa petitions for specialized knowledge have been filed by those in the computer and information technology field, with 50% of the petitions being made for workers in India.
Filing Requirements
In order for individuals to enter the US on an L-1 visa, the US employer must sponsor them by filing a Petition for a Nonimmigrant Worker with the US Citizenship and Immigration Services (USCIS).
If the petition is approved, the individual will need to file for a visa based on the approved L-1 application with the US embassy or consulate in his or her country of residence. The visa process for L-1s is much the same as it is for any nonimmigrant visa. The applicant will need to provide evidence of his or her intention to remain in the US only temporarily and to return to his or her home country once their permitted time in the US expires.
If you are an employer seeking guidance in filing for L-1 visas or a potential applicant needing more information about the program, contact an experienced immigration attorney in your area.
Getting Ready To Apply for a Visa
To read and print out a copy of the checklist, please follow the link below.
Getting Ready to Apply for a Visa
You can download a free copy of Adobe Acrobat Reader here.
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