L-1 Intra Company Transfer

The L-1 allows a foreign worker to be transferred from a foreign parent, subsidiary, or affiliate company to a parent, subsidiary, or a affiliate company in the United States. If the employee is a Canadian citizen, she/he may be able to process the L-1 petition at the border.

REQUIREMENTS

• The applicant must have been employed by the foreign "parent company" for at least twelve months during the three year period immediate prior to filing the L-1 visa application.
• The applicant must have been employed as an executive, manager, or as a specialized skill worker for a minimum of twelve months during the three years immediately preceding the filing of the L-1 visa petition.
• The applicant be employed as an executive, manager, or as a specialized skill worker for the same company, or its U.S. subsidiary or affiliate.
• The current (foreign) and prospective (U.S.) companies must be either the same company, or related by subsidiary or affiliate ownership.

Duration

L-1 visas are granted initially for 1 to three years with extensions available in two-year increments, with a total stay not to exceed seven years.

Foreign Company's Existence

There must be continual existence of the foreign company during the transferee's stay in the U.S.

L Petition Requirements.

A U.S. employer or foreign employer may file the petition, but a foreign employer must have a legal business entity in the U.S. The petition must be filed with Evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control.

Blanket L Petition

• An L blanket petition simplifies the process of later filing for individual L-1A workers and L-1B workers who are specialized knowledge professionals. These are persons who possess specialized knowledge employed in positions which require the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and require completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty. A blanket L petition must be filed by a U.S. employer who will be the single representative between INS and the qualifying organizations.

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