L‑1 Visa for Intracompany Transferees
The L‑1 Visa is a nonimmigrant work visa designed for employees of international companies who are being transferred to a U.S. office. This visa category allows foreign nationals in managerial, executive, or specialized knowledge positions to enter the United States temporarily to continue working for their employer’s U.S. branch, subsidiary, or affiliate.
Defining Intracompany Transferee
For the purpose of the L‑1 visa, an intracompany transferee is an employee who has worked abroad for a qualifying organization for at least one continuous year within the past three years and is being transferred to the U.S. to serve in one of the following roles:
- Executives: Direct the management of the organization or a major component.
- Managers: Supervise and control the work of other employees and manage essential functions.
- Specialized Knowledge Workers: Possess advanced expertise about the company’s products, services, research, systems, or procedures.
Purpose and Duration
The primary purpose of the L‑1 visa is to facilitate the transfer of key personnel to strengthen U.S. operations.
- Initial stay: Up to one year for new offices, or up to three years for established offices.
- Extensions: Executives and managers may extend up to a maximum of seven years; specialized knowledge employees may extend up to five years.
Key Requirements
To qualify for the L‑1 visa, the applicant must demonstrate:
- Employment abroad with the company for at least one continuous year in the past three years.
- A qualifying relationship between the foreign company and the U.S. entity (parent, branch, affiliate, or subsidiary).
- The U.S. position must be executive, managerial, or involve specialized knowledge.
- Adequate documentation proving the company’s ongoing business operations and financial viability.
L‑1 Visa Benefits Entrepreneurs
The L‑1 visa benefits entrepreneurs and multinational companies by enabling them to establish or expand operations in the U.S.
- New office setup: Entrepreneurs can transfer themselves or key staff to launch a U.S. branch.
- No annual cap: Unlike the H‑1B, the L‑1 visa is not subject to a lottery.
- Flexibility: Allows mobility of leadership and specialized talent across borders.
- Growth potential: Facilitates access to U.S. markets, funding, and talent pools.
This makes the L‑1 visa especially valuable for startups and established firms in technology, healthcare, finance, and global services.
Path to Citizenship
The most common path for L‑1 holders is the EB‑1C immigrant visa (Multinational Manager or Executive category).
- Criteria for the L‑1 and EB‑1C overlap, making it a natural next step for executives and managers.
- Once permanent residency (green card) is obtained, individuals may apply for U.S. citizenship after five years, provided eligibility requirements are met.
Family Members
Your spouse and unmarried children under the age of 21 may join you in the U.S. under L‑2 status.
- Spouses: Eligible to apply for work authorization.
- Children: May attend school but are not permitted to work.
Steps to Petition for an L‑1 Visa
The L‑1 Visa must be petitioned by the U.S. employer.
- File Form I‑129 with USCIS at least six months before the intended start date.
- Provide documentation proving the qualifying relationship between the foreign and U.S. entities.
- Include evidence of the applicant’s executive, managerial, or specialized knowledge role.
Documents
Applicants must provide the following documents:
- Completed Form DS‑160 visa application.
- One recent photograph (37mm x 37mm) with full face visible.
- A valid passport, with at least six months beyond the intended stay.
The petitioner must also include:
- Resume/CV and employment history.
- Proof of qualifying relationship between the foreign and U.S. entities (e.g., corporate filings, financial records).
- Evidence of the applicant’s role abroad and intended role in the U.S. (job descriptions, organizational charts).
- Employer financial information and business plans (especially for new offices).
- A letter from the employer detailing the work to be performed in the U.S.