L-1 Intracompany Transferee

---

You have a special employee working for you abroad for a number of years, who can lend a special expertise to the direction of one of your divisions. You may be able to bring this individual to the United States in L-1 status if they qualify as an intracompany Transferree.

An executive, manager, or someone with specialized knowledge who has been working for a business entity (corporation, partnership or sole proprietor) overseas continuously for at least one of the past three years, and whom that business entity would like to transfer to its U.S.-based branch, subsidiary or affiliate may enter the United States as an L-1 Intracompany transferee. The intention must also be to employ the L-1 intra company transferee in one of the qualifying capacities while employed in the United States. The petition in L-1 cases is submitted by the U.S. related entity, even if the parent branch of the company is located abroad.

As you can see, this non-immigrant visa category is based on a current or planned corporate affiliation. . The relationship of the entities can be parent, subsidiary, common ownership (affiliation), same company (branch office), or certain joint ventures. The petitioning company must be doing business in the United States and at least one other country for the duration of the intra company transferee’s stay in the United States. Both the U.S. and foreign company must be active.

To qualify as an executive, the employee's primary duties should have included responsibility for the direction and management of the entire organization or one of its major components. This means that the employee must have had broad discretion in decision making and have been subject to only general supervision. Additionally, the employee must have supervised some staff. Executive capacity does not include those who perform high-level but personnel-remote functions.

It is important to recognize that the term "executive" as it is applied here does not mean that the individual has to manage a large number, or tiers of employees, as this more appropriately defines the managerial category.

A manager for the purposes of the L-1 visa is an alien employee who directs the organization, a department, or a subdivision. The manager must have the authority to control, direct, hire, and fire other employees. He or she must have discretion over day-to-day operations.

Generally first-line supervisors do not qualify for an L-1 visa, except those in charge of professional-level workers. Manager who are primarily responsible for production of goods or provision of services also do not qualify. In order to qualify for L-1 status, a manager must direct other managers or supervisory-level personnel.

Individuals may also qualify for L-1 visas if they have specialized knowledge of the company's product, service, research, equipment, techniques, management, or other interests and its application in international markets. Specialized knowledge can also be an advanced level of knowledge or expertise in the company's processes or procedures.

The INS has identified the following characteristics of an employee with specialized knowledge, all of which are required. The employee must:

1. Have knowledge that is valuable to the employer's competitiveness in the marketplace.
2. Be especially qualified to contribute to the U.S. employer's knowledge of foreign operation conditions.
3. Have been a key employee somewhere other than in the United States, with significant assignments that have enhanced the employer's productivity, competitiveness, image, or financial position.
4. Have special knowledge that can usually be gained through extensive prior experience with the employer.

The maximum stay in the U.S. is 5-7 years, but L-1A visa holders (managers and executives) are usually eligible within one year for a "green card".

The L nonimmigrant visa category is a very useful resource for multi-national or international companies needing to bring foreign employees to the United States. Because of the dynamic and changing organizational structures, and changing legal definitions, changing ownerships and affiliations, it is advisable to obtain the assistance of a competent legal firm like Thomas Bassett and Associates. Thomas Bassett and Associates is able to assist your company in successfully documenting the alien's qualifications and work experience, the relationship between the foreign and U.S. company and the nationality of the affiliated corporations, the nature of the work to be performed, and other related issues.

Back to Temporary Working Visas