L-1 Intracompany Transferees

The L-1 intracompany transfer visa is a useful vehicle for multinational companies seeking to transfer managerial, executive or specialized-knowledge employees from overseas to provide services in a similar capacity in a related entity in the United States. The employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years before he may be transferred to the related U.S. company.  That one year could be spent traveling into the US, but 365 days of it must have been spent off US soil.  

Qualifying Entity. The company for which the employee has worked abroad must be related to the U.S. company in a specific manner – the company abroad must be the same employer such as a branch office, a parent company, a subsidiary or legal affiliate of the U.S. company.  The meaning of these terms is quite complex and the specific relationship of the companies must be considered on a case by case basis, but the general rule is that one company that is party to the transfer must have “effective ownership” of the other company (50% or more ownership) – OR both must be “effectively controlled” by the same third company, individual, or group of individual shareholders.  Essentially, the US and foreign organization must be related as parent-subsidiary, affiliates, branch office or joint-venture.

Throughout the entire US period of employment, the companies (the US and foreign transferring entities) must continue to doing business in the United States and one other country. 

Position.  To be a qualifying L-1A Manager, the employee must already be a manager and be coming to the U.S. company to fill the role of executive or manager.  To qualify as an L-1B Specialized Knowledge employee, the person must fill the role of a person with specialized knowledge of the company products and/or processes.  The employee must be qualified for the position by virtue of his prior education and experience.  One year of full-time experience, off US soil, is required before transfer.  That one year of employ with the foreign affiliate must have occurred within the prior three years. 

The L-1A visa is a nice vehicle for transitioning to green card. To effectuate a parallel green card transfer as a “multinational manager/executive,” one year of experience in the foreign affiliate is always required, just as with the L-1A visa.

Blanket L-1s. Blanket L Visa Approvals may be used to bypass U.S. CIS processing for nationals of qualifying multinational companies.  To put a Blanket L Visa Petition in place for quick transfers to the US, multinational companies have to show they have fulfilled certain business parameters.1

Small or New Office Ls. The L-1 intracompany transfer visa is also a very useful immigration vehicle for entrepreneurs who wish to set up a new office on US soil.  For example, L-1 status is available to an individual who has been working for his or her own company overseas and intends to continue the overseas business once they come to the United States.  Upon full-time (or even intermittent) transfer to US soil, the individual must ensure that the two businesses maintain a legal affiliation that satisfies US immigration laws.  The foreign entity must continue to actively do business and earn income overseas.  

Notably, before effectuating a new office L-1, the individual may have to use a B-1 Business Visitor Visa to set up certain components of the new US enterprise to help ensure L-1B approval.  However, there is a risk at the US Port of Entry when entering as a B-1 Business Visitor to set up the necessary business instruments (incorporation, tax ID, bank accounts) to qualify as an L-1.  Please contact us to avoid border hassles, which primarily depend on stating that the purpose fo the US entry is to set up the L-1 entity by engaging in necessary meetings (not “working” in the US). Also, at the US border on a B-1 Visitor Visit, be prepared to show that the overseas entity is operating and that the entrant is employed by that overseas entity or another one overseas.

Total Period of Stay.  The employee must intend to depart the United States upon completion of his authorized stay (including extensions).  However, a person in L-1A or L-1B is allowed to pursue permanent residence while on US soil.  Initial L-1 admission is for three years, unless it is a “new office” setup situation where the US company has been doing less than 1 year of active business in the US. The total period of stay may reach seven years for L-1A managers and executives and five years for L-1B specialized knowledge personnel. 

Spouses and children may accompany the L-1 principal using L-2 status. Since 2002, spouses of L-1’s have been allowed to work in the United States, and this work status is now recognized as simply “incident to status” since 2021 so that an EAD does not need to be obtained first.

  1. The Blanket L imposes additional requirements on companies, beyond the usual L-1 criteria.  Companies must meet all three of the following requirements to be eligible for the Blanket L:
    – The employer and each of its subsidiaries, branch or affiliates must be in engaged in commercial trade or services;  
    – The company must have an office in the United States that has been doing business in the United States at least one year; and,  
    – The employer must have at least three branches, subsidiaries or affiliates in the United States and abroad.  
    In addition, the U.S. and foreign organizations must satisfy at least one of the following criteria:
    – The U.S. company and its qualifying affiliates have received approval on at least ten petitions for L-1 managers, executives and/or specialized knowledge professionals during the previous year;
    – The U.S. company and its U.S. subsidiaries and affiliates combined have annual sales of more than $25 million; or,
    – The U.S. company employees at least 1,000 people in the United States. ↩︎
L-1 Intracompany Transferees

L-1 Intracompany Transferees

The L-1 intracompany transfer visa is a useful vehicle for multinational companies seeking to transfer managerial, executive or specialized-knowledge employees from overseas to provide services in a similar capacity in a related entity in the United States. The employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years before he may be transferred to the related U.S. company.  That one year could be spent traveling into the US, but 365 days of it must have been spent off US soil.  

Qualifying Entity. The company for which the employee has worked abroad must be related to the U.S. company in a specific manner – the company abroad must be the same employer such as a branch office, a parent company, a subsidiary or legal affiliate of the U.S. company.  The meaning of these terms is quite complex and the specific relationship of the companies must be considered on a case by case basis, but the general rule is that one company that is party to the transfer must have “effective ownership” of the other company (50% or more ownership) – OR both must be “effectively controlled” by the same third company, individual, or group of individual shareholders.  Essentially, the US and foreign organization must be related as parent-subsidiary, affiliates, branch office or joint-venture.

Throughout the entire US period of employment, the companies (the US and foreign transferring entities) must continue to doing business in the United States and one other country. 

Position.  To be a qualifying L-1A Manager, the employee must already be a manager and be coming to the U.S. company to fill the role of executive or manager.  To qualify as an L-1B Specialized Knowledge employee, the person must fill the role of a person with specialized knowledge of the company products and/or processes.  The employee must be qualified for the position by virtue of his prior education and experience.  One year of full-time experience, off US soil, is required before transfer.  That one year of employ with the foreign affiliate must have occurred within the prior three years. 

The L-1A visa is a nice vehicle for transitioning to green card. To effectuate a parallel green card transfer as a “multinational manager/executive,” one year of experience in the foreign affiliate is always required, just as with the L-1A visa.

Blanket L-1s. Blanket L Visa Approvals may be used to bypass U.S. CIS processing for nationals of qualifying multinational companies.  To put a Blanket L Visa Petition in place for quick transfers to the US, multinational companies have to show they have fulfilled certain business parameters.1

Small or New Office Ls. The L-1 intracompany transfer visa is also a very useful immigration vehicle for entrepreneurs who wish to set up a new office on US soil.  For example, L-1 status is available to an individual who has been working for his or her own company overseas and intends to continue the overseas business once they come to the United States.  Upon full-time (or even intermittent) transfer to US soil, the individual must ensure that the two businesses maintain a legal affiliation that satisfies US immigration laws.  The foreign entity must continue to actively do business and earn income overseas.  

Notably, before effectuating a new office L-1, the individual may have to use a B-1 Business Visitor Visa to set up certain components of the new US enterprise to help ensure L-1B approval.  However, there is a risk at the US Port of Entry when entering as a B-1 Business Visitor to set up the necessary business instruments (incorporation, tax ID, bank accounts) to qualify as an L-1.  Please contact us to avoid border hassles, which primarily depend on stating that the purpose fo the US entry is to set up the L-1 entity by engaging in necessary meetings (not “working” in the US). Also, at the US border on a B-1 Visitor Visit, be prepared to show that the overseas entity is operating and that the entrant is employed by that overseas entity or another one overseas.

Total Period of Stay.  The employee must intend to depart the United States upon completion of his authorized stay (including extensions).  However, a person in L-1A or L-1B is allowed to pursue permanent residence while on US soil.  Initial L-1 admission is for three years, unless it is a “new office” setup situation where the US company has been doing less than 1 year of active business in the US. The total period of stay may reach seven years for L-1A managers and executives and five years for L-1B specialized knowledge personnel. 

Spouses and children may accompany the L-1 principal using L-2 status. Since 2002, spouses of L-1’s have been allowed to work in the United States, and this work status is now recognized as simply “incident to status” since 2021 so that an EAD does not need to be obtained first.

  1. The Blanket L imposes additional requirements on companies, beyond the usual L-1 criteria.  Companies must meet all three of the following requirements to be eligible for the Blanket L:
    – The employer and each of its subsidiaries, branch or affiliates must be in engaged in commercial trade or services;  
    – The company must have an office in the United States that has been doing business in the United States at least one year; and,  
    – The employer must have at least three branches, subsidiaries or affiliates in the United States and abroad.  
    In addition, the U.S. and foreign organizations must satisfy at least one of the following criteria:
    – The U.S. company and its qualifying affiliates have received approval on at least ten petitions for L-1 managers, executives and/or specialized knowledge professionals during the previous year;
    – The U.S. company and its U.S. subsidiaries and affiliates combined have annual sales of more than $25 million; or,
    – The U.S. company employees at least 1,000 people in the United States. ↩︎
Please Click Here for Tips on “Picking Your Immigration Experts”