An L-1 visa is a non-immigrant, temporary work permit. It allows multinational companies to transfer managers, executives, or employees with specialized knowledge from a foreign branch to a U.S. office.
But there are restrictions your workers and your business should be aware of. Work with the knowledgeable business immigration attorneys at New Frontier Immigration Law to learn how L-1 visas work for intracompany transfers.
The L-1 visa enables multinational companies to transfer foreign employees to the U.S. They are available based on two main categories. An L-1A is intended for executives and managers, while an L-1B applies to workers with specialized knowledge of the business, its products, and/or procedures.
Large companies with a history of frequent, qualified L-1 transfers may be eligible for a blanket petition. This pre-approved authorization allows for faster, more streamlined processing instead of filing Form I-129 with the USCIS for each employee. As well, an L-1 visa holder’s spouses and unmarried children (under 21 years of age) may be permitted to accompany them to the U.S. under an L-2 dependent visa.
Employment history is a primary stipulation for L-1 visas. The law mandates that an employee must have worked for a qualifying foreign company, its subsidiary, affiliate, or parent company, for at least one continuous year. This timeframe must also fall within the three years immediately preceding their transfer to the U.S. Both the U.S. and the foreign entity must actively do business, providing goods or services, for the duration of the worker’s stay, and the U.S.-based company must have a physical location, with an exception for new office petitions.
The staff member must be relocating to a U.S. office in either a managerial or executive capacity, with a high-level role in the organization, a department, or a position overseeing key functions. An employee with specialized knowledge of the company’s products, services, or procedures, may also qualify for an L-1 visa.
Yes. L-1 visas for intracompany transferees are generally valid for an initial period of one year when setting up new locations. If an office already exists, that limit is extended to three years. The L-1 is a temporary visa, and the applicant must intend to leave the U.S. upon expiration of their authorized stay. Extensions may be available in two-year increments, but the maximum total duration limit for managers and executives is seven years, compared to just five years for workers with specialized knowledge.
Now that you have a basic understanding about how L-1 visas work for intracompany transfers, it is time to discuss your business’s needs with an experienced immigration attorney. Reach out to our skilled team at New Frontier Immigration Law to learn more.
Our local Arizona-based office is staffed with compassionate legal professionals that know how sensitive this topic could be for many foreign workers. We are dedicated to ensuring the L-1 visa process goes as smoothly as possible for our clients.
