L ” – INTRACOMPANY TRANSFEREE VISA

L-1 Visa

An L-1 visa is one that is granted to an alien when he/she is being transferred by his/her company, from a foreign country to the United States.

The L-1 is divided into :

1. L-1A : where the employee must be in a managerial or executive position, and must be able to control the work of other employees, must have a free hand in day-to-day operations and discretionary decision making and receives only general directions from the board of directors or stockholders of the company. This visa is valid for three years with two-year extensions given up to a maximum total of seven years. The applicant may apply for permanent residence status before expiry of this visa.

2. L-1B : where the person must be an employee having specialized knowledge in the field of the petitioner’s organization.

This visa is valid for three years with a two-year extension given up to a maximum total of five years. This visa may not be converted to permanent residence status, but a person with specialized knowledge may apply for permanent residence status through other avenues.

For a company to petition an L-1 visa, there must exist a branch office, affiliate or parent/subsidiary relationship between the U.S. firm and its foreign counterpart.

The beneficiary must have been employed by the foreign counterpart of the company for a minimum period of one year continuously within the last three years prior to the application.

Documentation required for an L-1

Evidence to show business activity in the U.S. as well as in the foreign state is required in the form of :

Documents required from Parent Company abroad

• a) Articles of Association, Articles of Incorporation, Minutes, Memorandum and Bylaws, Partnership Deed and other related documents
• b) Certificate of Incorporation
• c) Share Certificate
• d) Financial Statements for the past two years (Balance sheets and payroll statements)
• e) Bank Statements for the past two years
• f) Sales invoices/Purchase Orders for the past two years
• g) Corporate Tax Returns for the past two years
• h) Business Correspondence for the past two years addressed to the applicant in the capacity of a Manager or Executive
• i) Publications, Brochures, press clippings, write-up or articles about the corporation and its principal officers
• j) List of all subsidiary and branches, if any, along with their complete addresses and telephone numbers
• k) Corporate Chart outlining the structure of the company along with its subsidiary and branches showing managers and executives the beneficiary supervises in his/her capacity
• l) Detailed write-up of the company’s activities
• m) Copies of Membership Certificates in Professional Associations
• n) Photographs of the corporation
• o) Government permits and licenses
• p) Yellow pages and Directory listing of the company
• q) Possession of business premises, telephone, fax, etc.
• r) Any other related document
• Documents required from the Subsidiary Company in the U.S.
• a) Articles of Incorporation, Minutes, Memorandum and By Laws of the subsidiary company
• b) Certificate of Incorporation
• c) Share certificate indicating that the company is a wholly owned subsidiary of the parent company abroad or that it is an affiliate or branch company
• d) Lease or sublease agreement for office premises
• e) Copy of telephone bill
• f) Letter from a local bank indicating the nature of account in the corporate name and showing at least $75,000/- – $1,00,000/- as funds available (if setting up new company in the U.S., then show a minimum initial transfer of at least $50,000/-
• g) Business Plan – detailed write up of company’s proposed activities
• h) Photographs of new office space
• i) Copies of invoices showing purchase of furniture and office equipment
• j) Proposed organizational chart of the new company
• k) Description of the alien’s duties

Documents required from Beneficiary

• a) Passport for self, spouse and children
• b) I-94 card for self, spouse and children, if presently in the United States
• c) Educational Certificates along with transcripts, if available
• d) Letter from the secretary of the parent company certifying prior employment history with the company and clearly indicating the job title and position in an executive and managerial position
• e) Certificate from the parent company indicating the need to transfer the beneficiary to the subsidiary company in the U.S.
• f) Detailed write-up about applicant’s job duties with the parent company and applicant’s proposed duties with the U.S. subsidiary
• g) Payroll records from the parent company for the past two years as evidence of employment with the parent company
• h) Personal Tax Returns of the past two years showing income from the parent company

Investment

There is no fixed amount of investment required. However, there must be documentary evidence to show enough revenue to support office expenses and maintain the employee in a managerial/executive capacity.

L-2 Visa

An L-2 visa is granted to the spouse and minor children of the L-1 applicant. Under this visa, neither the spouse nor children are authorized to work, but the children may continue their studies.

Work Authorization for Spouses

The President has signed into law a new immigration new bill H.R. 2278. This will allow spouses of L visa holders to work while they are in the United States. Currently, spouses are allowed to accompany the principal visa holder for the length of their assignment, but are banned from working. The new rule will come as a welcome measure to many as most families depend on a dual income.

The new law also reduces the amount of time required for the applicant to be employed by a company before being eligible for a transfer on an L visa. The provision, known as ‘pre-employment blanket requirement’ currently requires the alien to have been employed for a minimum of one year within the last three years to be eligible for an L visa. This bill would reduce that period from one year to six months for those companies sending their executives/managers/workers with specialized knowledge and skills, under the L-1 blanket scheme.

Click here to read guidance on application of work authorization.

Related Links:

- L-1 Blanket Petition

- Intracompany Transferees

- Required Documentation for Form I-129

- Bill To Allow ‘L’ And ‘E’ Dependents To Work