L-1 Intracompany Transfer Visa
The L-1 Intracompany Transfer visa allows multinational companies to send their key personnel to their U.S. operations temporarily and permanently. Managers, executives, and workers with specialized knowledge can obtained the L-1 classification and work in the United States for a period between five and seven years.
What are the requirements for L-1 Intracompany Transfer classification?
The law requires that the employee must have worked at least one year out of the last three years for the multinational firm, affiliate, or subsidiary and who seeks to render services for the same employer, subsidiary, or affiliate as a manager, executive, or employee with specialized knowledge.
The U.S. office must have a corporate relationship with the foreign company abroad and there must be concrete evidence of the relationship. The U.S. entity must have physical office space in the United States and the office space must be an appropriate sized space to do business.
Can my wife and children come with me?
Yes, the L-1 status holder can bring their spouse and minor children to join him under the L-2 visa. The L-2 spouse is allowed to apply for employment authorization and can work anywhere in the United States. The L-2 minor child can attend U.S. public schools but cannot apply for employment authorization.
Can my company apply for Permanent Resident Status while in L-1 status?
L-1 Managers and executives are given priority status for permanent residence. Managers and executives can bypass the stringent Permanent Labor Certification process and the U.S. employer can file an employment immigration petition directly with the USCIS.
L-1 Specialized Knowledge employees must submit a permanent labor certification application with the Department of Labor with evidence that there are no U.S. residents or citizens who are able to fulfill the employment requirements. Upon receiving an approved certification from the Department of Labor, the U.S. employer can submit an application for immigration for the employer.
The process for applying for an intracompany transfer visa is complicated and time consuming. Prior to starting the process, it is important to speak to an experienced professional.
L-1 Visa Requirements
- The Petitioning U.S. entity must have a qualifying relationship with the foreign entity abroad.
- There must be a physical office for the U.S. office.
- The new office must be active and operating within one year after the L-1’s admission to the United States if requesting an extension of stay.
- After 1 year, the new office must support a managerial or executive position if you are requesting an extension of stay in the L-1A status.
What Siam Legal can do for you
We offer professional and reliable assistance on L-1 Visa for individuals from countries that have an investment treaty with the United States. Our service package includes the following:
- Guidance on L-1 Investment Requirements
- Advice on the Formation of the U.S. Subsidiary
- Assistance with Obtaining IRS Tax ID Number
- Advice with Organizing Supporting Documents
- Guidance with the L-1 Support Letters
- Completing the L-1 Forms
- Monitoring the L-1 Case Processing
- Attorney Representation with the Consular Office
- Access to a Licensed U.S. Immigration Attorney
- L-1 Interview Preparation
- Advice on Maintaining L-1 Business Requirements Post-Visa
L-1 Visa Dependents
L-1 Visa holders can bring their spouse and minor children with them. An L-1 Spouse may apply for an employment authorization card to work in the U.S. L-1 Children can enter public or private schools in the United States.