L-1 intracompany transfer visa
This visa is available to those who are working for a business or company anywhere in the world that currently has an office in the USA, or would like to open an office in the USA, and wants to transfer a member of staff to the existing or pending US branch. "Company" also refers to nonprofit organizations.
The relationship between the overseas and US offices may be that of branch, subsidiary, affiliate or joint venture partner. Typically, one common person or business entity must own at least 50% of both the overseas and US companies, although other qualifying ownership scenarios are possible. The two entities do not have to be in the same type of business. The overseas office must remain in operation while the L-1 visa is being used.
The beneficiary must have been working for the sponsoring company for at least one full year during the three years immediately prior to the application for an L-1 visa.
There are two types of L-1 visa:
• The L-1A visa is for Managers and Executives;
• The L-1B visa is for persons with Specialized Knowledge. Such knowledge refers to knowledge of the company's business, products, marketing strategy and proprietary matters.
The L-1A visa is initially approved for three years but can be extended for up to seven years. The L-1B visa can only be extended for up to five years. L-1 visas for new enterprises in the US are initially granted for only one year, and can then be extended.
The L is a "dual intent" visa. Holders of L-1A visas may apply for Permanent Residence as Multinational Executives or Managers in the First Preference Category without going through the Labor Certification process. Holders of L-1B visas must normally apply for Labor Certification before qualifying for Permanent Residence.
The spouse of an L-1 visa holder may obtain work authorization.
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