L Visa

L-1 Intracompany Transferee

  • You may be eligible for an L-1 visa for “intracompany transferees” if you are an executive, manager, or a worker with specialized knowledge who has worked abroad for a qualifying organization for at least one year within the 3 years preceding the filing of your L-1 petition.

 

  • The organization must seek to transfer you to the United States to work  for a qualifying organization (including an affiliate, parent, subsidiary or branch of your foreign employer).

 

  • Initial period of stay in the United States: Up to 3 years (1 year for new office petitions).

  • Extensions possible in up to 2 year increments.

  • Maximum period of stay: 7 years for managers and executives; 5 years for specialized knowledge workers.

Understanding L-1 Requirements

  • The petitioning U.S. entity must have a qualifying relationship with your entity abroad.

 

  • Sufficient physical space must be secured for a new office.

 

  • A new office must be active and operating within one year after the L-1’s admission to the United States if requesting an extension of stay. 

 

  • After 1 year the new office must support a managerial or executive position if you are requesting an extension of stay in the L-1A classification. 

 

Requirement 1 :
The petitioning U.S. entity must have a qualifying relationship with your entity abroad.

  • How do I demonstrate that my new business in the United States has a qualifying relationship with a foreign company?

  • Articles of incorporation , Annual reports, contracts,  Corporate filings or other evidence

 

  • How do I demonstrate that I have worked the required amount of time abroad?

  • Pay stubs, Payroll records, Tax returns that show employment or Evidence of work product

 

  • How do I show that my overseas employment was in a qualifying capacity?

  • Organization charts, performance reviews, Organizational job descriptions, Resume or  other evidence

 

Requirement 2 :
Sufficient physical space must be secured for a new office.

  • How do I prove that the new U.S. office has sufficient space to do business?

  • Signed lease agreement

  • Mortgages or other proof or real estate purchase

  • Business plan

  • Marketing materials

  • Other descriptions of the business connecting the  activity of the business with the space acquired

Requirement 3:
A new office must be active and operating within one year after the L-1’s admission to the United States if requesting an extension of stay. 
 

Requirement 4:
After 1 year the new office must support a managerial or executive position if you are requesting an extension of stay in the L-1A classification. 

 

Involved factors:

  • Purchase orders, contracts or other evidence of commercial activity

  • Payroll records for employees hired

  • Bank statements

  • Financial reporting documents showing monthly income

  • Continued venture capital or other third party investment contribution based on achieved milestones

  • Media coverage of the business

  • Position descriptions providing the roles and responsibilities of all current employees, or other evidence which clearly demonstrates how the manager or executive is relieved of non-qualifying duties.

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Matthew

Kolodziej

Partner

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Joseph Hamel

Senior Associate

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