The L-1 “intracompany transferee” Visa is available to a foreign national who is being transferred from an employer outside the US, to a related employer in the US. This Visa specifically applies to those in executive, managerial or specialized knowledge positions. In order to qualify, the company must sponsor a foreign national who has worked for a related company outside the US for at least 1 year in the last 3 years, prior to coming to the US. Moreover, a clear parent, subsidiary or affiliate relationship between the foreign and US companies must be established. There are two types of L-1 Visas, each with its own qualifying factors and validity dates. L-1 Visas do have maximum validity periods, and once that limit is reached, no more extensions are available. To “reset” a foreign national’s ability to come to the US on an L-1, he/she must leave the US for one full year. Under some circumstances, if the foreign national is sponsored for a green card (Immigrant Visa) then the employee can remain in the US. Foreign nationals may seek US green card status while on an L-1 Visa.
L-1A Executive/Manager
A foreign national employee who will be transferred to the US in an executive or managerial capacity may obtain an L-1A Visa. It is initially issued for a 3 year period, and may be extended up to a total of 7 years. An intracompany manager/executive has greater options for green card processing, as long as he/she has 1 year of executive/managerial experience with the company abroad prior to coming to the US. Time spent out of the US while on an L-1A, can be added to the time an L-1A employee can work in the US (referred to as recapture)
L-1B Specialized Knowledge
A foreign national employee who will be transferred to the US to fill a role which requires specialized knowledge of the organization’s products, services, research, equipment, proprietary processes or other functions, and has gained the specialized knowledge outside the US with a related company, may obtain an L-1B Visa. The L-1B Visa may be granted for an initial 3 year period and extended up to a total of 5 years. The specialized knowledge must be unique to the organization and cannot include skills that may be easily acquired by an entry-level US-based employee. The green card process for L-1B workers usually requires PERM Labor Certification. Time spent out of the US while on an L-1B, can be added to the time an L-1B employee can work in the US (referred to as recapture)
L-1B Offsite Employment
Effective June 6, 2005, new petitions and extensions for L-1B status prohibit L-1B’s from being assigned to a worksite other than one for their petitioning employer, if the work is controlled and supervised by that different employer. Also, L-1B’s cannot be assigned off site to provide labor for hire, and must be providing the specialized knowledge for the petitioning employer. The US Citizenship and Immigration Services (USCIS) has issued a memorandum regarding this provision.
Filing L-1 Petitions
Most L-1 Visa petitions are filed through the USCIS Regional Service Center. The USCIS may take several months to process an L-1. However, for an additional $1,000.00 processing fee, the USCIS will adjudicate the petition in 15 days. Once approved, a foreign national can then apply for a Visa at a US Consulate (Canadian citizens do not need to apply at a US Consulate, and can process directly at a post-of-entry, or take the approval to a US/Canada border post). Certain companies qualify for Blanket L-1 Visa processing, which further reduces processing times, as the L-1 employees can apply directly at a US Consulate or Embassy for a Visa, without waiting for USCIS pre-approval in the US.
Family Members
The L-2 Visa is available to immediate family members (spouses and children under the age of 21) who accompany the L-1 employee to the US. The L-2 Visa is generally granted for the same period as the L-1 Visa holder, and must be extended accordingly. An L-2 spouse (not children) may apply for US employment authorization when he/she arrives in the US, and can work for any employer in any field. Time spent in the US on an L-2 does not count against that foreign national’s 6 year limit on an H-1B, as described in the H-1B web page, if he/she obtains an H-1B.