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L-1 Intracompany Transferee Visa FAQ
The L-1 intracompany transferee visa allows you, as an executive or high-level manager who has worked for a foreign company for at least one year, to establish or transfer to a subsidiary, branch, or affiliate office in the United States.
Frequently asked questions
What is an L-1 intracompany transferee visa?
The L-1 intracompany transferee visa allows you to stay in the United States, initially, for three years, or for only one if you are establishing or working in a new branch, subsidiary, or affiliate office. However, the visa may be renewed in three-year increments with a maximum of seven allowable years total. If you are an employee applying for the visa with specialized knowledge, you are only allowed five years total in the U.S. But the L-1A intracompany transferee visa offers a nice perk — it may serve as the starting point for a Green Card.
What are the basic eligibility requirements?
In order to apply for the L-1 intracompany transferee visa, you must be an executive or high-level manager of a company that is either opening a new branch, subsidiary, or affiliate office in the United States, or transferring to an already existing office or location. You may be a citizen of any foreign country. You must have worked for the company outside of the U.S. for a full year prior to applying for the visa.
Investment Requirements
Does the L1 visa require me to invest a million dollars?
No. The L1 visa is one of a trio of options for the foreign investor, the other two being the E2 visa and the EB5 Green Card
Investment Options
The L1 visa does not have a minimum investment requirement like the EB5 Green Card, which typically requires a $1 million investment (or $500,000 in targeted employment areas).
Focus on Business Transfer
Rather than focusing on investment amounts, the L1 visa focuses on the transfer of executives or managers between related companies internationally.
L1 vs E2 Visa Comparison
L1 Visa
Requires that you worked for the parent company for one year before applying
Allows you to apply for a Green Card
Maximum stay of seven years for L-1A (executives and managers)
Maximum stay of five years for L-1B (specialized knowledge)
E2 Visa
No prior employment requirement with foreign company
Generally does not lead to Green Card
Can be renewed indefinitely as long as business continues
Has one exception that may lead to Green Card (requires owning a second company in another country)
Is it better than the E2 visa?
It is different. I would consider it the brother of the E2 however. The requirements for both are very similar. The difference between the 2 is that the L1 has the requirement that you worked for the parent company for one year before applying; the E2 does not have that requirement. The L1 allows you to apply for a Green Card, whereas the E2 is meant to never have you apply for the Green Card, although there is one interesting exception (however you need to own a second company in another country).
Prior Employment Requirements
One Year Employment Requirement
In the past three years you must have worked for one year with the parent, branch, affiliate, or subsidiary of the US company that is filing the case for you (also called the petitioning company).
Qualifying Relationship
The foreign company must have a qualifying relationship with the US company (parent, branch, affiliate, or subsidiary).
Executive or Managerial Role
Your position with the foreign company must be in an executive or managerial capacity.
Watch our video for a full run down on options for foreign immigrant investors.
Company Type Eligibility
For-Profit Companies
Standard business entities that operate to generate profit for owners or shareholders
Non-Profit Organizations
Organizations that use surplus revenues to achieve their goals rather than distributing them as profit
Religious Organizations
Faith-based entities that operate for religious purposes
Can the L1 visa company be a non-profit?
Yes. It can be a religious company, a profit or a nonprofit firm.
Foreign Company Requirements
Active Business Operations
The foreign company must be fully operational
Active Employment
Your position must be active, not nominal
No Shelf Companies
Inactive or “shelf” companies do not qualify
Can the L1 company abroad be shelf or silent company?
Absolutely not. It must be fully active, and your position with that company must be an active one as well.
Work Requirements in the US
Temporary Intent
You are not meant to enter the US in order to remain permanently
Significant Time Commitment
Must spend a “significant portion of time” working for the US company
Maintain Same Role
L1-A executives/managers must continue in that role; L1-B specialized knowledge workers must continue in that capacity
Do I have to work for the US company full-time for an L1 visa?
First of all, as with all visas, there is a temporariness requirement. Even though you can apply for a Green Card after you had your L1 visa for a year, you are not meant to enter the US in order to remain permanently (watch our video for a full explanation of this). Second, although you do not have to work full-time for this company in the US, in order to qualify for an L-1 visa, you need to spend a “significant portion of time”; otherwise, there is no need for you in the United States, if you understand the concept we are explaining. In order to win the case we need to show the company requires your services.
If you are coming to the US as an executive or manager (L1-A), then you must continue in that role; if you enter as a person with specialized knowledge (L-1B), the L1 requires that you continue in that capacity.
Green Card Pathway
Can I still apply for a Green Card if I am in the US on an L1 visa?
Yes you can. In fact, if you enter on an L1A, you can apply for a Green Card in as little as one year from when you enter on the L1A. The L1 is what is called a dual intent visa, meaning you can remain in the United States on an L1 visa while ‘simultaneously’ applying for a Green Card; in fact, the beneficiary of the L1 does not have to keep a residence in their foreign country.
Enter on L1-A Visa
Begin working in the US as an executive or manager
Submit Green Card Application
Apply under EB-1C category (multinational executives and managers)
After One Year
Become eligible to apply for Green Card
Receive Green Card
Obtain permanent residency in the US
Foreign Company Requirements
Executive Order 13788
Buy American and Hire American
Effective Date
April 18, 2017
Impact on L1 Cases
Officers must consider the spirit of the Executive Order
Policy Goal
Create higher wages and employment rates for U.S. workers
Do any other laws or regulations control the L1 visa?
Yes. At this time, Executive Order 13788, Buy American and Hire American, that took effect April 18th of 2017, will affect the case. When deciding the L1 visa cases, the officer has to consider the spirit of the Executive Order, which is to create higher wages and employment rates for U.S. workers.
Work Location Requirements
Can I have been working my one year for the company in inside the US in order to qualify for the L1 visa?
Good question; no, this requirement has to be satisfied by working outside of the country. There are some exceptions with respect to some of the time in the U.S. but they are very technical.
Previous US Visa Considerations
What if I was in the U.S. on a different visa like the H1b for several years; do I now lose out because it exceeded the 3-year requirement of working abroad?
No, if you stay was permissible it will not interrupt it. The key to this one is that the companies must have had the qualifying relationship at the time, one cannot, for example, purchase or acquire the other at this time, it has to before the fact, not after.
Self-Petitioning for L1 Visa
100%
Ownership Allowed
You can own the petitioning company
1
Year Required
Still need one year of employment with foreign company
7
Maximum Years
Total allowable stay in US on L-1A
What if own the parent company and want to apply for the L1 visa, can I do it?
Yes. Your own company is allowed to petition for you; you do not have to work for a large multinational. However, if your own company is petitioning (ie sponsoring) you, then you must demonstrate that your time in the US will be temporary and you will return when your job is done.
L1B and Outsourcing
Strict Requirements
L1B visa holders can be outsourced to other companies but must meet specific conditions
Control Requirement
The petitioning employer must maintain control over the employee’s work
Specialized Knowledge
The work must still utilize the employee’s specialized knowledge of the petitioning company’s products or services
If I have an L1B visa, can I be outsourced to other companies?
Yes, but you have to meet a number of strict requirements.
Petitioning Company Structure
What should be the form of the petitioning (sponsoring) company for an L1 visa?
The organization can be an (a): “organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.”
Ownership Requirements and Work Arrangements
Ownership Requirement
100% Ownership
Employee Control
Payment Source
New U.S. Operations
Does the parent company have to own the affiliate, subsidiary or branch 100% for an L1 visa?
No, a simple majority will do.
What if I want an L1 visa but I am going to work for the US operation but will still be an employee of the home country company and paid from there?
That will not work. For an L1 visa the work of the employee and the control of the employee must be U.S. based.
What if the U.S. company for which I will work on my L1 visa is a new operation? In that case, you will have to send photographs of the physical premises, as well as other documentary proof such as the lease.
Self-Employment and Green Card Considerations
Can I get an L1 visa so that it allows me to be self-employed in the U.S., so I can then close the foreign operation when I arrive?
That will not work. The L1 visa is not at all meant to create self-employment, especially given the Executive Order mentioned above. Also, the foreign entity must be in full operation while the U.S. worker is in the U.S. on an L1 visa.
If I am in the U.S. on an L1B visa, do I need to leave the U.S. to apply for a Green Card?
Not necessarily, but you will not be able to avoid the Labor Certification process as the L1A do under the Green Card category EB1. This takes substantially longer and will affect you in a number of ways.
What is a person with Specialized Knowledge for the purposes of an L1B visa?
The law states: (B) For purposes of section 1101(a)(15)(L) of this title, an alien is considered to be serving in a capacity involving specialized knowledge with respect to a company if the alien has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.
If you would like us to ascertain whether you qualify as a person with Specialized Knowledge for L1B purposes, call us at (619) 677-5727 and we can evaluate your personal facts for you.
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