L-1 Visa: Intracompany Transfers
The L-1 nonimmigrant category is 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.
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.
“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.
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 three to four months (or longer) 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) business 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.
L-1 Visa Related Posts
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- Client Testimonial from Marek Wasilewski, Vice President, Sales at Mitel (Delaware) Inc.
- October Peace Bridge Recap
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- Client Testimonial from Raza Kamran, Senior Manager of Product Marketing at RingCentral
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- Client Testimonial from Raun Kaul, Managing Director of L’Escape Vacations Inc.
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- Understanding L-1 Requirements: Q&A for a New U.S. Office
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Testimonials
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Julian G.
“Berardi helped me with my first L1 visa in April 2016, they then managed to get my extension without any delay, followed by my Green Card. Awesome people to work with, they kept me updated and copied on all the correspondence. I would strongly recommend them to anyone looking for visa support. The staff were fantastic, I was made to feel like a human being, almost a friend of the team.”
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Andre I.
“I am at Pearson airport and entering into the U.S. for the first time after receiving my L1 Visa. I just wanted to let you know that I had no difficulties, and thankfully things seem to be back to where they were one year ago. Thank you for all of your assistance in clearing up things for me.”
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James A.
“Having just returned from the border with our L-1 Visa’s in hand, I want to thank you and your staff for the competent and professional job. Berardi Immigration made the entire Visa Application process organized, seamless, and clearly understood. From the very minute we began our phone consultation we felt comfortable with the CBP Visa Process. We would recommend Berardi Immigration without hesitation. Thank you for all your help.”
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.
In addition, Berardi Immigration Law is unique in that we also schedule visa appointments for non-Canadian clients abroad. Whereas most law firms will only prepare and submit applications with USCIS, our firm services our clients throughout the entire immigration process from the initial consultation until the moment of arrival in the U.S.
L-1 Related Posts
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Client Approval: L-1A for Canadian Engineer in TN Status
Associate Attorney Rebecca Bentley talks about a recent client approval story involving an L-1A visa for a Canadian Engineer in TN status. Watch the video below for the details. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.Read More -
Client Approval: L-1 for Manager | People Manager vs. Function Manager
The L-1 nonimmigrant category is for intracompany transfers and blanket L petitions. In this video, Associate Attorney Zach Ahlstrom discusses a recent client approval and the difference between a people manager and a function manager. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.Read More -
Breaking Down the L-1 | Ep. 8: Applying with USCIS
Associate Attorney Erica Chiodo continues her nine-part series: Breaking Down the L-1, the nonimmigrant category for intracompany transfers and blanket L petitions. Watch the video below focusing on applying with USCIS and, if you have any questions, contact Berardi Immigration Law today!Read More