Intracompany Transferee (L-1) visa

Intracompany Transferee (L-1) Visa The L-1 visa category applies to aliens who work for a company abroad that has an appropriate corporate relationship with a U.S. company. These workers come to the U.S. as intracompany transferres who are coming temporarily to perform services either in a managerial or executive capacity (L-1A), or which entail specialized knowledge (L-1B).

Requirements for the L-1A:

  • There must be an appropriate corporate relationship between the company abroad and the company in the U.S
  • The employee must have been employed by the company abroad on a full-time basis for at least one continuous year of the last three-year
        period to qualify.
  • The employee must hold a managerial or executive level position for the company abroad, and the proposed position in the U.S. company
        must be in the same executive or managerial capacity.
  • The employee must have the necessary credentials and be able to demonstrate that s/he is qualified to hold such a position.
  • The company abroad must be open, operational, showing a profit, and should be able to demonstrate that will be able to remain so for the
        next several years.
  • The U.S. company must either: Be an existing company that is open, operational, showing a profit, and can demonstrate that it will be able to remain
        so for the next several years. Or, if it is a new U.S. company, it must demonstrate that it is a viable enterprise, that it will make a profit and will
        employ U.S. workers in the future.
  • If the executive/manager is coming to the U.S. to open or to be employed in a new U.S. office, additional evidence must be submitted to
        demonstrate that:
  • a)  Sufficient premises to house the new office have been secured;
    b)  The beneficiary has, or upon establishment will have, the qualifying relationship to the foreign employer and the qualifying position; and
    c)  The intended U.S. operation will be able to support the executive or managerial position within one year of the approval of the petition.
    d)  The beneficiary must demonstrate that s/he intends to depart the U.S. upon the expiration of L-1 status.

    Length of Authorized Stay in the United States:

    If coming to an existing U.S. office, the visa will be issued for up to 3 years. If coming to a new U.S. office, the visa will be issued for up to 1 year. The L-1A visa can be extended for one increment of up to 2 years. The total stay is limited to 5 years. Notes:

    Dependents (spouses and unmarried children under 21 years of age) of L-1A visa workers are entitled to L-2 status with the same restrictions as the principal.

    Children can go to school in the L-2 status without any problem.

    The spouse of an L-1 can now file for work authorization.

    You may be able to revalidate an L visa while in the US.  Your L visa can only be revalidated if your passport contains a previous L visa (the same classification as the visa now being sought).

    There are multitudinous immigration laws, federal statutes and regulations involved in applications for non-immigrant and immigrant visas. The legal process is complex and could result in the denial of a your visa if the application is not properly prepared. If the application is put together correctly and professionally by a qualified immigration attorney, the probability of achieving a successful result is greatly increased.

    The Bócsi Law Firm can precisely and professionally prepare all of the necessary applications for you, providing you with security that the entire process goes smoothly, and relieving you of the stress and worry that often accompanies immigration legal procedures.

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