Intra Company Transferees (L-1)

Eligibility :

Executives and Managers of foreign companies who are being transferred to the United States to work for an affiliate, subsidiary, parent or branch office of the foreign employer may qualify for L-1A status. The alien must have worked for the foreign employer outside the US in an executive or managerial position for at least one year in the past three years and be coming to the US to work for an affiliate, subsidiary, parent or branch office of the foreign employer to work in the US in an executive or managerial position.

An individual who possesses specialized knowledge may also qualify for L-1B classification. The individual must have special knowledge of the company's product and its application in international markets or have an advanced level of knowledge of processes and procedures of the company.

There must also be a qualifying relationship between the US Company and the foreign employer of the alien. The foreign company must be a parent, subsidiary, affiliate or branch office of the US Company. The employee being transferred must establish continuous period of employment with the foreign employer for at lest 12 months in the previous three years immediately prior to filing the application.

Documentary Requirements :

Letter from foreign employer verifying the dates of the alien's employment, his job title, his job duties and his salary.
Organizational chart for US and foreign companies showing alien's position in both organizations.
Copies of Corporate Tax Returns for both Foreign and US Companies.
Copies of payroll records from foreign company as evidence alien worked for company for at least one year within the last three years.
Evidence of ownership/relationship between US and Foreign Company (Stock certificates, asset purchase agreement, etc).
Evidence that the alien has written articles published in professional journals or other major media.
Any promotional material about the US and foreign company.
Copy of incorporation papers for US Company.
Photographs of the US Company.

Duration:

If the US employer is a new business then the L-1 status can initially be issued for up to one year. At the end of the one year the alien's status can be extended provided the company in the United States can establish that it is a viable operation and that the individual is operating appropriately as a manager, executive or specialized knowledge worker. If the US employer is an established business that has been doing business in the United States for more than one year at the time the petition is filed, then the L-1 visa can initially be issued for up to three years. The total allowable period for an alien to hold L-1A status (executive or manager) is 7 years and for a L-1B individual of specialized knowledge is 5 years.

Dependents:

The L-1 employees spouse and unmarried minor children (under age 21) qualify for classification as an L-2 for the same length of stay as the employee. The employees' spouse and unmarried children cannot accept employment in the United States, though they can attend school.