“Intra-Company Transferees”

Many multinational companies have “globalized” their businesses by opening and maintaining operations in the United States and in foreign countries. These multinational companies transfer employees to and from their US operations according to their business needs. Transferring employees to facilities in the United States requires each employer to apply for an L1 visa for each such employee.

Requirements for the L1 visa:

1. Each employee must have worked for the same employer for at least one year out of the three years previous to the submission of the employee’s L1 application (Form I-129);
2. The employee must be coming to the US to provide his services to the same employer;
3. The employee must be working as a manager, executive, or in a capacity that requires specialized knowledge;
4. The employer must provide information regarding the nature of its business and its relationship with the US affiliate;
5. The employer must provide details about the nature of the position, the duties, and the qualification and capacity of the employee to provide such services;
6. The filing fee is $190, plus an additional USCIS Fraud Prevention and Detection Fee of $500; and
7. Typically, processing of a normal L1 takes two to four months.  If the L1 is covered by a blanket approval, defined below, the process typically takes one to three weeks.

Definitions:

1. Managers and Executives: Managers and executives are defined as those employees who have managerial roles; plan, organize, or control major functions of the company; or have supervisory responsibility in a department over some key functions or over professional staff to achieve the organization’s goals through other people.
2. Staff with Specialized Knowledge: Employees with specialized knowledge about the company’s products or services, proprietary interests in the company’s business, research, and management procedures specific to the company.
3. The company can also apply for a “Blanket L1,” which would enable the company to avoid filing individually for each employee. The L1 employee can take the I-797 approval notice obtained by the employer and apply directly at the nearby American consulate for the L1 visa stamp.

Duration of stay:

1. Managers and Executives: The L1A visa is for managers and executives and is approved for a three year period with extensions in two year increments for a total period not to exceed seven years.
2. Staff with Specialized Knowledge: The L1B visa is for staff with specialized knowledge and is approved for three years with an extension of one 2 year increment for a total period not to exceed five years.
3. Once the maximum period is reached in L1(A &B) status, the employee must return to the country in which the foreign company is located for at least one year before the employee may reapply for the L1.

Dependents of L1 Employees:
The spouse and unmarried minor children (under 21 years) can obtain L-2 visas to enter the US with the principal L1 employee. L-2 visa holders can obtain an employment authorization for a job and are also allowed to carry on business of their own. Children with an L2 visa are permitted to go to school.

Set up of New Office in the US:
Individuals can establish a new branch office in the US, provided that the petitioner must submit evidence that physical premises for the new office have been secured. Upon acceptance of such evidence, the L-1 will be approved, but for only one year.  Extensions may thereafter be granted if the new office flourishes.

Obtaining a Green Card:
L1 employees can apply for permanent residency without having to go through the time consuming process of labor certification, which helps them get their green card faster than the other non-immigrant categories.  Although dependents of L1 can apply for the green card together with the principal employee, the dependents must go through the labor certification process.

By taking advantage of these rules, a company in the US has the opportunity to have  expert knowledge on a rotational basis and to increase the efficiency of the company’s business.   To have these rules work for your company, hire immigration experts and let them do the rest of the work for you. If you have any questions, feel free to contact us for further information.

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