
Intracompany Transferee (L-1) Visas
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The Intracompany Transferee Executive or Manager (L-1) nonimmigrant visa category is reserved for employees who are being transferred temporarily to the United States from abroad to provide services to a related entity (i.e., branch, subsidiary, or affiliate) having a qualifying business relationship with the employer abroad.
To qualify for an L-1 visa:
- Both the United States and the foreign company must be doing business during the whole course of the beneficiary employee’s employment in the United States.
- The foreign employee must be coming to the United States to work as a manager, executive, or in a position that requires specialized knowledge.
- The foreign employee must have been working in this kind of position for the foreign company in the foreign country.
- The foreign employee must intend to leave the United States when the visa expires.
The foreign employee may bring his or her spouse and unmarried children under age 21 to the U.S. as dependents in L-2 visa status. The initial period of stay is for three years. Extensions of stay may be granted in two-year increments. The maximum period of stay is 7 years for the L-1A, and 5 years for the L-1B. If the U.S. company will be opened as a new office, the initial period of stay is for one year.
The experienced Columbus immigration attorneys at The Law Firm of Shihab & Associates can provide the legal counsel you need if you desire to file an L visa on behalf of an employee. We have the experience and the success in representing large and small corporations in the employment and transfer of foreign professionals. If you have a business abroad and wish to branch out in the U.S. and obtain an L-1 visa for yourself and then permanent residence on a faster track, this visa option may be ideal for you.
For more information and an analysis of your situation, call (888) 915-5057 to arrange a consultation. We have offices in Columbus Ohio, Cleveland Ohio, Southfield Michigan and Washington, D.C.
Procedure & Requirements for the L-1 Visa
“Qualifying Relationship” Requirement
To obtain an L-1 visa, the foreign company must have the proper relationship to the company in the United States. The following is a list of company relationships that qualify for the L-1 visa:
- The U.S. company is a branch office of a foreign company;
- The U.S. company owns a majority of shares of the foreign company, i.e. parent-subsidiary;
- The U.S. company and the foreign company’s majority shares are owned by a third company, i.e. affiliated company;
- The U.S. company is a joint venture between a foreign company and another company.
To process an L-1 visa application, a foreign parent company must own at least 50% of a U.S. subsidiary and have veto power over the subsidiary’s actions. If the companies are affiliates, the US and foreign companies must at least be 50% owned by the same ultimate parent company. Branch offices also qualify including a US company with a branch office in a foreign country and a foreign company with a US branch office. However, the branch requirement does not include an agent type setup.
