L-1 Visas For Intra-Company Transferees 

The L-1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either in a managerial or executive capacity (L-1A) or  which entail specialized knowledge (L-1B) for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is currently no annual cap on L-1 visas.

This is a useful visa category for Multinational Companies (MNC) as it facilitates the movement of employees to and from the United States. The employees to be transferred to the United States must have worked with the U.S. entity's foreign parent, subsidiary, affiliate or branch entity abroad for at least one year in the three years prior to seeking entry in the U.S. in L status. The foreign nationals must be coming to the U.S. to fill an executive, managerial or specialized knowledge position and must demonstrate that through their employment with the foreign entity they have acquired a certain knowledge about the processes, product, services, and/or policies of the company as a whole which is indispensable to performing the duties of the U.S. position. If the U.S. position is managerial or executive in nature, L status will be granted for a total period of 7 years.  If the U.S. position is one where "specialized knowledge" is required, L status is granted for a total period of 5 years.
 
This visa category is often well-suited for employees of MNC's coming to and from the United States frequently to engage in activities not permissible under the B-1 Business Visitor category.

Large MNC's which transfer a certain number of employees to the United States each year and with a significant annual income may qualify for a blanket L program under which the MNC's worldwide entities are pre-approved as qualifying entities from where foreign nationals may be transferred to the United States. This facilitates the application process, saving time by allowing the foreign national to apply directly at the US embassy or consulate abroad. 

USCIS Petitions

In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).  It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing. Should you need petition processing faster, premium processing is available for an additional fee. Once approved, the employer or agent is sent a notice of approval, Form I-797. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.

How We Serve Our Clients

Our dynamic and knowledgeable attorneys will consult with you to determine that the nature of the offered position and the foreign candidate's background are appropriate for this particular visa.  We will also recommend possible alternative strategies if the foreign beneficiary's experience renders them ineligible for this visa category.  For client who regularly transition foreign excutive and managers to the United States, we will discuss the viability of the blanket L program as it relates to the company's needs.  Our attorneys work closely with both the employer and prospective employee to ensure that the required documents are rendered and all legal issues addressed.  We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies.  When required, we also prepare and file applications for dependent family members to ensure a smooth transition to the United States for the prospective employee and dependent family members.  Our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.

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