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L-1 Visas: the Intracompany Transferee

L visas are available to foreign nationals who are coming temporarily to the United States to work for a business that they worked for outside the U.S.  To qualify, the businesses must have one of the following relationships:

1.) A branch of the same firm, business or corporation,

2.) A subsidiary, or

3.) An affiliate

This relationship is usually shown through control or ownership.  While the petition may be signed by either the U.S. or foreign employer there must be a business entity in the United States evidenced by a “place.”  The place must be sufficient to house the business such as an office, warehouse, farm, shipyard, or air field.

New Businesses

Even if relationship to a U.S. business does not yet exist the principal L visa holder may be allowed to come to the United State to establish a qualifying U.S. business.  The L applicant for a new business must still show that there is a place sufficient to house the proposed business.  L visas for new businesses are usually limited to a one year stay and during the extension request a decision by the immigration services will be made as to the (then) qualification of the business as an L business.  To this end, the adjudication seeks a business that can support the manager or executive within one year.

L-1A and L-1B Distinguished

There are two designations for the principals in L visa category.  The L-1A is for the Manager or Executive worker.  The L-1B is for workers performing work in the U.S. requiring “specialized knowledge.”  The L visa can be given for a period of 3 years initially with a limit of 7 years as an L-1A and 5 years total stay in the United States as an L-1B.  Those with new businesses are subject to an initial shorter stay as mentioned in the preceding paragraph.

Documentary Evidence

The following examples are possible documents to accompany a petition for L visa classification:

    * Lease, deed or ownership of offices or other work space sufficient to reasonably house the business are always submitted;

    * Assets capable of reasonably paying the costs of doing business in the U.S.;

    * Job description of the position offered;

    * Job description of the present or former qualifying job;

    * Proof of the qualifying relationship through control of the businesses by agreements, corporate ownership, voting rights, financial statements and similar documents, annual reports, and articles of incorporation;

    * Proof of the prior employment through wage or tax reports.  If academic degrees have any impact on the ability to fulfill the requirements of the position they should be included with a transcript of the specific classes taken;

    * Advertising, brochures, photos of the premises both inside and outside the U.S.;

    * Catalog pages, product descriptions;

    * Reviews or published articles about the business;

    * Copies of the businesses web site;

    * A letter from the person of authority giving a detailed explanation of the relationship between the two businesses, the job duties and the proposed job duties of the worker, the salary that has been paid during the qualifying period of employment and the proposed U.S. salary.

It is also common for the USCIS to request an organizational chart to determine the place within the business that the proposed worker fits in.

Spouses and Children

Spouses and children may accompany the L visa holder and are designated as L-2 holders.  They may also apply for work authorization by submitting form I-765 upon entry into the United States in L-2 status.

L-1 Visas: the Intracompany Transferee / John Mei

John Mei is an immigration attorney and partner with the law firm of Danziger and Mei, LLP located in Woodland Hills, California. Mr. Mei provides clients with solutions in the area business and corporate immigration law. His practice areas include all nonimmigrant visas, labor certifications, schedule A workers, petitions for EB 1 to 3, National Interest Waivers, investor visas such as E-1 / E-2 and EB-5 investor petitions. Mr. Mei’s law firm has represented U.S. companies, multi-national corporations, start-ups, publically traded corporations, hospitals, as well as public and private universities, and foreign investors. He is committed to providing legal services focused on professional ethics and giving clients results through creative legal solutions. Mr. Mei endeavors to build relationships with clients based on trust and communication. As such returning client phone calls and emails inquiries is a priority.To contact John Mei, please visit his firm’s website at: http://www.danzigermei.com/