Our Process

L Visa Category
The L nonimmigrant visa category is one of the most useful tools available to international companies needing to bring foreign employees to the United States. If a few basic requirements can be met, many advantages exist to using the L category. Note that under the 1990 Act, a new employment-based immigrant preference category was created for managers and executives who meet the L-1 standards for those employees. These aliens are considered "priority workers" in the first preference, which has 40,000 annual immigrant visas allotted to it.

Application Process

The U.S. employer must file a petition with the Immigration Service in order to obtain permission to transfer a foreign national for a temporary period. Once the petition is approved, the approved petition is sent to a U.S. consulate where the alien can obtain an L-1 visa to enter the United States. If the alien is already in the United States in a different nonimmigrant category, his or her status must be changed to the L-1 category. Under past rules, the change was made by filing a separate application for change of status with the L-1 petition; under current rules, the change of status is incorporated in the L-1 petition, and a separate application form is not required,

Basic Requirements for Obtaining L-1 Status

1. The Employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years. The employee must have completed one continuous year of employment outside of the United States with the overseas company within the preceding three years before he or she can be transferred to the related U.S. company. The INS will look at the three years preceding the date of the petition to see whether the alien has spent the requisite continuous period of one year of employment abroad. Any time spent in the United States during that year does not bar the employee from being transferred, but that time cannot be counted toward fulfilling the one-year abroad requirement. Thus, an alien who spent two months in the United States during the preceding year must have worked for the overseas company for at least fourteen months, at least twelve of which were outside of the United States.
Each day in the United States during the preceding year adds one day to the total time that the alien must have been employed by the overseas company.

2. The company for which the employee has worked for a year abroad must be related to the U.S. company in a specific manner.

The law states that the company abroad must be "the same employer or a subsidiary or affiliate" of the U.S. company.

3. The company must be a qualifying organization- One that is doing business in the United States and one other country during the entire period of the transfer.

The "qualifying organization" concept arises from the INS concern that the L- 1 category will be used by owners of small businesses abroad who "transfer" themselves to the United States, in the process shutting down the foreign operation which can no longer function without their physical presence abroad. Under INS rules, the transferring company must continue to do business abroad during the entire period of the alien's stay in the United States as an L-1 transferee.

4. The employee to be transferred must have been employed abroad in an “executive” or “managerial” position or a position involving “specialized knowledge”

5. The employee must be coming to the U.S. company to fill one of these capacities (executive, managerial, or specialized knowledge)

The employee does not have to fill the same capacity in the United States that he or she filled abroad. For example, a "specialized knowledge" employee abroad may be coming to the United States to fill a managerial position.

6. The employee must be qualified for the position by virtue of his or her prior education and experience

The INS requires that proof of the alien's qualification for the job be submitted with the L-1 petition.

7. L-1 alien must intend to depart the United States upon completion of his or her authorized stay (including extensions), but may also pursue permanent residence at the same time

For most companies, a simple affirmation that the transferee temporarily will depart the United States upon completion of his or her authorized stay is sufficient. When the transferee is also an owner/operator of the company, however, the papers must be accompanied by evidence that the employee will not remain indefinitely or permanently in this country.

Filing the Petition

L-1 petitions must include the following papers:

1. Form I-129 and L Supplement, completed in duplicate (with original signatures on both copies).

2. Company letter, in duplicate (a second copy of the original is sufficient).

3. Supporting documentation (in duplicate). Don't forget to submit certified translations of foreign language documents; copies of original documents may be submitted without certification.

4. Filing fee of $130.00. The fee can be in the form of a personal or corporate check or money order made out to Naturalization Service."

5. Form I-907 with premium processing fee of $1,000 (if premium processing is sought).

6. Form G-28, Notice of Appearance, when the employer is represented by an attorney or representative