L1 Visa Intracompany Transferee

NONIMMIGRANT WORK & STUDY VISAS:

L-1 Visa: Your Guide to Intra-Company Transfers with Versfeld & Hugo LLC

The L-1 visa is designed for foreign nationals who work as executives, managers, or in positions involving specialized knowledge for a company outside the United States, and who are being transferred to a related U.S. company in a similar capacity. This visa facilitates the movement of key personnel within multinational companies, allowing them to bring their skills and experience to the U.S. If you are considering applying for an L-1 visa, Versfeld & Hugo LLC is here to assist you with expert legal guidance throughout the process. Contact us today for a confidential consultation.

What is an L-1 Visa?

The L-1 visa is a nonimmigrant employment visa that allows international companies to transfer qualified employees to their U.S. offices. There are two main types of L-1 visas:

  • L-1A Visa: For executives and managers, valid for up to seven years.

  • L-1B Visa: For employees with specialized knowledge, valid for up to five years.


The U.S. Department of State (DOS) oversees the Exchange Visitor Program and designates which public and private entities can act as sponsors. To qualify for a J-1 visa, individuals must be sponsored by a DOS-designated exchange program sponsor.


Types of J-1 Exchange Programs

The J-1 visa encompasses a variety of exchange visitor categories, including but not limited to:

  • Professors and scholars

  • Research assistants

  • Students at all academic levels

  • Teachers

  • Trainees in various fields

  • Specialists in unique fields

  • Au pairs

  • Camp counselors


To qualify for an L-1 visa, the applicant must:

  1. Be Employed by a Qualifying Employer: The applicant must have worked for a qualifying company outside the U.S. for at least one continuous year within the three years preceding the application.

  2. Work in a Qualifying Capacity: The applicant must be employed as an executive, manager, or in a role requiring specialized knowledge.

  3. Transfer to a U.S. Office: The U.S. company must have a qualifying relationship with the foreign company, such as being a parent, branch, affiliate, or subsidiary.

  4. Nonimmigrant Intent: While L-1 visas allow for dual intent, meaning you can pursue permanent residency while holding an L-1 visa, the applicant must initially intend to leave the U.S. at the end of their L-1 visa term.


Application Process for L-1 Visas

  1. Filing Form I-129: The sponsoring U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). This petition must include evidence of the qualifying relationship between the U.S. and foreign entities and details about the applicant's role and qualifications.

  2. Premium Processing Option: For an additional fee, the USCIS offers premium processing, which expedites the application review to 15 days or less.

  3. Consular Processing: After the petition is approved, the applicant must apply for the L-1 visa at a U.S. embassy or consulate in their home country.


Regular L-1 Visa vs. Blanket L-1 Visa

Companies can apply for L-1 visas in two ways:

  • Regular L-1 Visa: Each employee applies individually, and their eligibility is assessed on a case-by-case basis. This option is suitable for transferring individual employees to specific U.S. offices.

  • Blanket L-1 Visa: This option is available to companies that meet certain criteria, such as having multiple branches and significant business activity in the U.S. A blanket L-1 petition streamlines the process by pre-approving the company for L-1 transfers, allowing individual employees to apply under the company's blanket approval.


To qualify for blanket L-1 status, a company must:

  • Be engaged in commercial trade or services.

  • Have been in operation in the U.S. for at least one year.

  • Have three or more domestic and foreign branches, subsidiaries, or affiliates.


Additionally, the company must meet one of the following:

  • Have obtained at least 10 L-1 approvals in the past year.

  • Have U.S. subsidiaries or affiliates with combined annual sales over $25 million.

  • Employ at least 1,000 people in the U.S.


Benefits and Considerations of the L-1 Visa

  • No Specific Salary Requirements: Unlike other work visas, the L-1 visa does not have specific salary thresholds. Instead, the focus is on the role and relationship between the foreign and U.S. entities.

  • Spouse and Dependents: Spouses and unmarried children under 21 can accompany L-1 visa holders under the L-2 visa. L-2 visa holders are eligible to apply for work authorization in the U.S.

  • Path to Permanent Residency: L-1 visas allow for dual intent, which means holders can pursue a green card without leaving the U.S. or jeopardizing their L-1 status.


Why Choose Versfeld & Hugo LLC?

Applying for an L-1 visa can be complex, requiring careful coordination between the sponsoring company and the employee. At Versfeld & Hugo LLC, we provide:

  • Comprehensive Support: Our experienced attorneys guide you through every step of the L-1 visa process, from preparing the petition to gathering the necessary documents and liaising with government agencies.

  • Strategic Advice: We help companies determine whether a regular or blanket L-1 petition is more suitable, and we offer tailored advice to meet your specific business needs.

  • Expert Representation: Our team has extensive experience handling L-1 petitions for a wide range of industries, ensuring that your case is presented effectively and efficiently.


Contact Versfeld & Hugo LLC for Your L-1 Visa Needs

If you need assistance with your L-1 visa application, contact Versfeld & Hugo LLC today. Our dedicated immigration attorneys are here to provide the expertise and support you need to successfully navigate the L-1 visa process. Schedule your confidential consultation with us and let us help you bring your talent and leadership to the United States.