INTENDED PURPOSE OF VISA
The transfer of international managers, executives and persons with
specialized knowledge from foreign companies to their related
companies in the United States.
VISA TERMINOLOGY
| L-1 | (INTERCOMPANY TRANSFER VISA) |
| L-1A | (Intercompany Transfer of Managers or Executives) |
| L-1B | (Intercompany transfer of persons with specialized knowledge) |
IN ORDER TO QUALIFY
- The applicant must have worked for the foreign company in an executive, a managerial or a position of specialized knowledge for at least one full time year in the past three years. These definitions can be strict. Please consult the attorney to see whether your experience qualifies.
- A related company in the U.S. must exist or be established. The company can be a subsidiary (the foreign company owns all or most of the shares of the U.S. company), or a parent company (the U.S. company owns all or most of the shares of the foreign company), or an affiliate (the same people or entities must own and control both companies with approximately the same proportion of shares held in each), or a branch (different office locations of the same company).
- The foreign company must actively be carrying on business and must have other employees to assume the role of the applicant while he or she is on assignment in the United States.
LENGTH OF VISA
This visa is valid for between one and three years with extensions
possible in two-year increments after the initial stay. The maximum
stay for managers or executives is seven years. It is five years for
employees with specialized knowledge. The initial stay is one year
in the case of a new U.S. company and three years in the case of a
U.S. company that has been conducting business in the United States for at least one year at the time of application.
ITEMS NEEDED
The following list contains items that are recommended and
generally included in this type of application. Not all items may
apply to your particular situation. In addition, you may have items
and materials that would support your application that are not listed
here. You should consult with the attorney to be certain:
-
Documents Regarding the U.S. Company
- Articles of incorporation and corporate resolutions
- Share certificates
- Lease for business space
- Photographs of business space
(Please note that if a U.S. Company does not currently exist, the attorney can prepare the necessary documents to establish a new corporation.)
(The following items only apply to U.S. businesses that currently exist and are operating. The items are not necessary in the case of an L-1 visa based upon a new company situation.) - Corporate financial statements
- Corporate tax returns
- Corporate bank statements for the past three months
- Title to company owned property
- Payroll report for company’s employees
- Promotional materials
- Several invoices to customers
- Several invoices for goods or services purchased by company
-
Documents Regarding the Foreign Company
- Articles of organization including share designation
- Corporate financial statements
- Corporate tax returns
- Corporate bank statements for the past three months
- Title to company owned property
- Lease for business premises
- Payroll report for company’s employees
- Letter from company president as evidence of applicant’s employment
- Description of beneficiary's job duties abroad (including the titles of employees supervised)
- Promotional materials
- Photographs of company premises
- Several invoices to customers
- Several invoices for goods or services purchased by company
-
General documents
- Copy of the alien’s passport
- Alien’s resume as evidence of business background
PROCEDURE
If the applicant is lawfully present in the United States, he or she may be able to apply for a change to L-1 status at one of two regional Service Centers that processes these cases of US Immigration (USCIS). The location, of
course, will depend upon the location of the U.S. Company. This
process is handled entirely by mail and no appearance by the
applicant is necessary. If the applicant is outside of the U.S., the
application is still processed at a Service Center. When it is
approved, though, notification is sent to the U.S. Consulate in the country of the applicant’s
residence. There, the process is relatively straightforward to obtain
the visa to enter the U.S. in L-1 status.
ADVANTAGES
The L-1 is a non-immigrant visa. This means that it has a definite
duration and the applicant must either leave the U.S. upon
conclusion or change to another appropriate visa status. In the case
of the L-1A manager or executive, an application for permanent
residence can be made after the U.S. Company has been in existence
for at least one year. The requirements and items needed are nearly
identical to that of the L-1A visa. Before attempting to apply for
this status, please contact the attorney for an evaluation of your
situation. Note that this option is not available to L-1B employees
with specialized knowledge.



