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Intracompany Transferees (L-1 Visas)
This category is for a foreign national who has worked abroad for one year
in an "executive, managerial or specialized knowledge capacity" for the same
company or a branch, parent, subsidiary or affiliate of the company in the
United States to which he or she is being transferred to work in an executive,
managerial or specialized knowledge capacity. Under recent changes, the
qualifying experience requirement was reduced to 6 months of experience with the
foreign employer if the individual is being transferred to the United States
under a blanket L-1 petition by the employer. The six months or the one year of
employment abroad must have occurred during the three years immediately
preceding the transfer. In most (but not all) cases, there must be at least a 50
percent common equity interest between the foreign and U.S. companies
(exceptions may exist where there is a minority equity relationship but common
control). A "manager" may supervise other professionals or other managers or may
"manage an essential function" and "function at a senior level within the
organizational hierarchy or with respect to the function managed." In other
words, managers of people, projects and products qualify for this visa. A
"specialized knowledge" employee is one who has "specialized knowledge of the
organization's product, service, research, equipment, techniques, management or
other interests and its application in international markets, or an advanced
level of knowledge or expertise of the organization's processes and procedures."
The L-1 visa petition is filed by the U.S. company with the USCIS and,
upon approval, is forwarded to the U.S. Consulate in the foreign transferee's
country, where the foreign transferee will be required to apply for a L-1 visa.
The L-1 visa petition can be approved for an initial period of up to three
years. Extensions are possible in increments of two years up to a maximum stay
of seven years for executives and managers and five years for specialized
knowledge employees.
Family members who derive their nonimmigrant
status from that of an L-1 nonimmigrant will be classified as L-2 nonimmigrants.
L-2 spouses (not children) are allowed to apply for work authorization after
they arrive in the U.S., and all L-2 nonimmigrants (spouses and children) are
allowed to attend school while in the United States.
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