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Intracompany Transferee

The L-1 visa permits a U.S. employer to transfer an employee with specialized knowledge relating to the organization’s interests or a manager/executive from one of its affiliated foreign offices to one of its offices in the United States.  

 

This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up.

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This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up.

 

There are two types of L-1:

  • L-1A for executives and managers

  • L-1B for employees with specialized knowledge

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Benefits of an L-1 Visa

  • No Quotas: No annual limits on the number of visas available to certain countries

  • Fast Processing Times: Average processing time is between 3-6 months

    • Premium Processing is also available by paying an additional fee of $2,500

    • USCIS is required to respond with 15 business days

  • Family: Allowed to take their spouses and dependent children with them with the L-2 visa

  • Work Authorization: Spouses are permitted to apply for work authorization to work for any US employer

  • Tax Advantages: Non-immigrant visa holders are generally not taxed on worldwide income

  • Transition to Green Card: The criteria for L-1A is similar to EB1C category for Multinational Managers or Executives

    •   Easier to become permanent residents

    •   Also considered a dual intent visa

Requirements and eligibility

QUALIFICATIONS

To receive either type of L-1 visa, both the employer and the employee need to meet the requirements detailed below:

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  • Doing business: 

    • Defined by the government

    • Means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization.

  • Specialized knowledge:

    • In organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or 

    • In the organization’s processes and procedures

  • Executive capacity: The employee’s ability to make decisions of wide latitude without much oversight

  • Managerial capacity:

    • Ability of the employee to supervise and control the work of professional employees and to manage the organization 

    • Employee’s ability to manage an essential function of the organization at a high level

  • New Offices: 

    • Employer has secured sufficient physical premises to house the new office

    • Employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition

    • The intended U.S. office will support an executive or managerial position within one year of the approval of the petition

DOCUMENTS REQUIRED

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Application process

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Processing times and Period of Stay/Extension of Stay

The L-1 category of visas process begins with a petition. In general, preparing an L-1 petition may take 1-2 months on the average depending on the responsiveness of the clients and the availability of required documents. 

 

The petition is then filed by USCIS. On the average, it could take USCIS between 3-6 months to decide on a petition, but with premium processing, USCIS could decide in as fast as 15 business days.

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Family and Transition to Green Card

CAN I TAKE MY FAMILY TO THE UNITED STATES?

A successful L-1 applicant applying for a visa under L1 visa can take their spouse to the United States, as well as any dependent children under the age of 21. 

 

Spouses are eligible to apply for work authorization to work in the United States. They are not restricted to working in the same L-1 business as their spouse.

Contact

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