L-1 Visa: Company Tranfers
The L1-A Intracompany Transferee Executive or Manager Visa enables a U.S. employer to transfer an executive or manager from one of its foreign offices to an office in the U.S. A foreign company that does not yet have an affiliated office in the U.S. may also use this visa category to send an executive or manager to the U.S. with the purpose of establishing one.
The L1-B Intracompany Transferee Specialized Knowledge Visa enables a U.S. employer to transfer an employee with specialized knowledge relating to the organization's interest from one of its foreign offices to a U.S. office. A foreign company that does not yet have a U.S.. office may also send an employee with specialized knowledge to the U.S. with the purpose of establishing one.
A foreign company that wishes to send an executive or manager, or an employee with specialized knowlege to the U.S. must show that a physical location has been secured to house a new office, the employee has been employed as an executive or manager for at least one continuous year, the intended U.S. office will support an executive or manager position, and the employer has the financial ability to compensate the employee and begin doing business in the U.S.
The transferring employee entering to the U.S. to establish a new office will be granted an initial stay of one year. All other employees will be allowed a maximum stay of three years, depending on the country of citizenship and work to be performed. An L employee may file for an extension of stay until the employee has reached a maximum of five or seven years, depending on the status.
The transfering employees may be accompanied or followed by their spouse and unmarried children under the age of 21. The family members may be admitted under L2 status and can be granted the same period of stay as the employee.
There must be a qualifying relationship between the foreign company and the U.S company (parent company, branch, subsidiary, or affiliate, etc).
Employee must be working for the foreign company for at least one continuous year within the three years immediately preceding his or her admission to the U.S.
Employer must currently be, or will be, doing business as an employer in the U.S. in at least one other country.
Employee, spouse and children must be admissible to the U.S.