|The L nonimmigrant visa is for employees of multinational companies with
offices in the United States and abroad. This visa allows qualified individuals to be
transferred from a foreign office to an American office of the company. This visa is
issued for an initial three year period. The visa is also available to individuals of foreign
companies coming to the United States for the purpose of opening up an (American)office of the company.
The transferee must have worked abroad for the Overseas Company for a continuous period of
one year in the preceding three years. Note that the employee should have been in the
United States prior to the application, each day in the United States during the preceding
year adds one day to the total time that the alien must have been employed by the overseas
The overseas company in an "Executive or Managerial" position or in a position
involving "Specialized Knowledge" further must have employed the employee.
The transferee must be coming to the United States to fill one of the three aforementioned
positions and provide proof that they are qualified for the position.
|RELATIONSHIP BETWEEN U.S. AND OVERSEAS COMPANY
There must be a definite relationship between the U.S. and overseas company. Some
questions to determine if they qualify are:
Is both the U.S. entity and the company abroad branch offices of the same corporation?
Does the U.S. Company own more that 50% of the overseas company or visa versa? Is both the
U.S. entity and the company abroad majority (50%+) owned by a third company, individual or
group of individuals?
The general rule is that one company that is party to the transfer must have
"effective control" of the other company.
The relationship between the companies must be clearly evidenced at time of the
application. Providing such documentation as articles of incorporation showing common
ownership etc can do this.
As noted above, an L-1 visa is initially issued for a maximum period of three years unless
it is a start-up company. This can be renewed, but the total number of years for
executives and managers must not exceed seven years and for specialized knowledge
personnel, five years.
The company must file a petition with the Immigration and Naturalization Service in the
United States. This petition is made on Form I-129 and L-Supplement accompanied by the
supporting documentation. This includes a letter from the company explaining that the
transferee is being transferred to the United States office, his current duties with the
company and responsibilities in the Unites States. Further, documentation must be
submitted proving the relationship between the U.S. and overseas entities and transferees
ACCOMPANYING FAMILY (L-2 Visa)
Accompanying family members (spouse and children) will be issued an L-2 visa. The family
requires a valid passport(s) and proof of relationship with the principle applicant.
Should the family not be applying for their visa at the consulate at the same time as the
student, they will also require a copy of the principle applicant's approved L-1 visa, his
I-94 card and a recent letter from the employer of the L-1 employee indicating that he is
currently employed with the company per the terms of the L-1 visa.
|On average, the processing of a L-1 intra company transferee visa petition is taking the Immigration and Naturalization Service under four weeks.
|This web site is copyrightę 2002, Amarnath Gowda, Law Office of Amarnath Gowda.
Designed and Maintained by Inertia Technologies LLC.,