L-1 Visa: Intracompany Transfers

The L-1 nonimmigrant category is designated for intracompany transfers and blanket L petitions. It is available to individuals who have worked for a foreign corporation that has a parent, subsidiary, branch or affiliate company in the U.S. The individual must have been employed in an executive or managerial position (L-1A), or in a specialized knowledge capacity (L-1B) for the foreign company.

• A Manager is defined as an individual that manages a company or one of its core components, personally supervises and controls the work of other professionals or manages an essential function of the organization, can hire and fire personnel or operates as a senior level, and exercises discretion over day-to-day functions of the business.
• An Executive is defined as an individual that directs the management of the organization or one of its core functions, establishes goals and policies, exercises discretionary decision making, and receives only general supervision or direction from higher level executives, board of directors or stock holders.
• An individual has specialized knowledge when that person possesses a heightened level of knowledge of the petitioning companys products, services, equipment, techniques, or other interests or has an advanced level of knowledge or expertise in the companys processes and procedures.

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Eligibility Criteria

To qualify for L-1 status, the foreign national must have been employed abroad by the foreign employer on a full-time basis for at least one continuous year during the last three-year period. The individual must be coming to the U.S. to hold a Managerial, Executive, or Specialized Knowledge position.

Typically, both the foreign and U.S. entities must have been operating for at least one full year prior to the time of application. Both entities must be actively doing business, meaning that they both engage in regular, systematic, and continuous provision of goods and/or services. Both companies should also have an established workforce and sufficient office space to conduct business.

Successful applicants will be approved for a maximum period of three years.

Note: The employer is not required to obtain a labor certification prior to petitioning in this category. Compensation level is not prescribed, but U.S. income must meet the higher of the federal or applicable state minimum wages and must be sufficient to prevent the alien from becoming a public charge.

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L-2 Dependents

L-2 visas are issued to the spouses and unmarried children under 21 of L-1 visa holders. L-2 spouses enjoy a distinct benefit: they are automatically eligible to work in the United States without needing to apply for an Employment Authorization Document (EAD); work authorization is incident to L-2S status. An unexpired Form I-94 with a notation reflecting L-2S nonimmigrant status serves as proof of work authorization, allowing them to start working immediately. Additionally, all L-2 dependents—both spouses and children—may attend school in the U.S.

While L-2 spouses are not required to apply for an EAD, they still have the option of doing so. The advantage of obtaining an EAD is that when it comes time to renew L-2S status, they can also apply for an EAD renewal. Timely filing the EAD renewal request provides an automatic extension of work authorization.

In contrast, if L-2 spouses rely solely on the annotated Form I-94 for work authorization, they must be mindful of timing, as automatic extensions of work authorization are not available in this case. When filing Form I-539, Application to Extend/Change Nonimmigrant Status, to extend L-2S status, it is important to note that the applicant may remain in the U.S. while the Form I-539 is pending with USCIS. However, their work authorization is not automatically extended during this period. L-2 spouses must always possess a valid I-94 that reflects their valid L-2S nonimmigrant status in order to remain authorized to work. Therefore, L-2S status holders who are actively employed should be mindful of the timing of their extension application and the associated processing times, especially if they intend to continue working in the U.S.

 

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“New Office” Petitions

 

The government also permits issuance of an L-1 work permit to individuals who are employed by companies that wish to expand their operations to the U.S. This is referred to as a New Office L-1 petition. In this case, the petitioner must demonstrate that a U.S. entity has been incorporated, that sufficient physical space has been secured to conduct business in the U.S., and that the foreign entity is able to commence doing business in the U.S.

There is no doing business requirement for New Office L-1 petitions. In lieu of this requirement, the government will grant L-1 status to the applicant for a one-year period. During this time, the petitioning entity must commence business in the U.S. If successful, the company can submit subsequent petitions to extend the applicants L-1 status in three-year increments.

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Process

 

For Canadian citizens, an L-1 petition may be filed with U.S. Customs & Border Protection (CBP) at a U.S. port-of-entry and a decision is normally issued immediately. The L-1 beneficiary may begin working in the U.S. immediately following an approval.

For all other nationalities, the petition is filed through the mail to United States Citizenship & Immigration Services (USCIS) which can take several months for regular processing. For an additional fee, the applicant may file the application with the Premium Processing Service, which guarantees that action is taken on the case within fifteen (15) calendar days from receipt. Once the case is approved by USCIS, the individual will then apply for a visa at a U.S. Embassy or Consulate abroad.

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The Berardi Difference

 

Berardi Immigration Law is located just minutes away from the U.S.-Canadian border in Buffalo, New York. Each week, our attorneys appear before Customs & Border Protection at the Peace Bridge port-of-entry with our Canadian clients to assist in the submission of their L-1 applications. Should any questions arise, our team is able to both advocate for clients as well as alleviate any stress.

Our team is well-versed on the nuances and policies at various Class A ports of entry across the U.S. and pre-clearance locations around the world. We have successfully obtained L-1 visas for clients from a wide range of industries, including technology, finance, manufacturing, and professional services.

In addition, our team has extensive experience in filing L-1 petitions with U.S. Citizenship and Immigration Services (USCIS) and at U.S. consulates worldwide. We are familiar with the specific requirements and procedures of different USCIS service centers and consular posts, allowing us to tailor our approach to each unique case and jurisdiction.
Whether you are a large corporation seeking to transfer multiple employees or a smaller company looking to bring a key executive to the United States, we can guide you through the complex L-1 visa process and help maximize your chances of success.

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