Employees of an international company who are being temporarily transferred to a parent branch, affiliate or subsidiary of the same company in the United States require Intra-company Transfer (L-1) visas. The international company may be either a U.S. or foreign organization.
An applicant for an L-1 visa must demonstrate that:
- They are at the managerial or executive level, or have specialized knowledge, and be destined to a position within the U.S. company at either of these levels;
- They have been employed overseas by the transferring organization for at least one year within the past three years and will be performing duties in the United States for the same employer or an affiliate; and
- The prospective employer has filed, and the U.S. Citizenship and Immigration Services (USCIS) has approved, a petition (Form I-129) requesting L status for the applicant;
L-1 visas are one of the types of visas available for employees to work in the U.S. In some cases, a multinational firm may be able to use B-1, H-1, H-2, E-1, or E-2 visas to transfer employees. Executives and managers of multinational firms are frequently able to qualify for more than one type of visa.
Opening an Office: An L-1 visa is also the appropriate visa classification for a qualified employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States. When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the approval of the petition, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner will be required to show that it has the financial ability to remunerate the beneficiary and to commence doing business in the United States. A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is doing business as described above in order for the petition and applicant's stay to be extended beyond one year.
Filing the I-129 Petition with USCIS: The prospective employers of all applicants for L-1 visas must petition the U.S. Citizenship and Immigration Services (USCIS) in the United States for approval. This is done by filing a petition, called Form I-129, with the USCIS. Please complete the I-129 and send it to one of USCIS Regional Service Centers listed on the form.
After USCIS receives your completed I-129, they will review it to determine if the petition complies with U.S. law. Processing times can vary, please click here for current information . If approved, USCIS will mail approved petition to the Embassy, and will also send telegraphic notification of the approval to the Embassy at the petitioner's expense. In addition, USCIS will mail to the petitioner and beneficiary a notification of approval. This notification is on Form I-797. An I-797 approval notice is not a visa. You must obtain a visa at a U.S. Embassy or Consulate to enter the U.S.
Note: USCIS offers a Premium Processing Service which expedites the processing of a nonimmigrant visa petition. Read more...
Blanket L visas: Companies seeking the classification of multiple applicants as intra-company transferees may file a blanket petition with USCIS. The blanket petition provision is meant to serve only relatively large, established companies having multi-layered structures and numerous related business entities. The blanket petition provision is available only to managers, executives and specialized knowledge professionals that are destined to work in an established office. Any questions which you may have concerning this process should be addressed to the appropriate USCIS office in the United States.
If your company already has blanket approval to send intra-company transferees, please submit the following items with your basic application documents:
- one original and two copies of form I-129S filled out with your position;
- three copies of I-797;
- three copies of the recommendation letter from your employer;
- three copies of the subsidiary and affiliated companies in the U.S. if appropriate; and
- payment of the $500 Blanket L fee to the consular cashier.
Visas for Family Members: Spouses and/or children under the age of 21 can receive L-2 visas to accompany the employee to the U.S. The application procedure is the same; the I-797A or B covers dependents. If your family members apply after the visa has been issued, they will need to (have a copy of the primary applicant's visa) included with their application. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program .
There is no requirement that the spouse and/or children of an L-1 visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on an L-2 visa. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.
Spouses may seek employment authorization on derivative L-2 visas. For further information, please contact the USCIS upon your arrival in the U.S.
Application Procedures: For information on the documents required to apply for an intracompany transferee visa, Click here .
| Please note that because of new security regulations, some applications may require an additional clearance and longer processing. Since the application process cannot be accelerated, please apply well in advance of your travel date, and do not purchase plane tickets until you have received your visa. Applicants should refrain from calling the Embassy merely to inquire about the status of their application. Visa applicants should never assume their application would be automatically approved. |
| 
