A Guide to L-1 Visa Intra-Company Transfer Visa
L-1 Visa Intra-Company Transfer Visa
1. What is a L-1 Visa?
An L-1 Visa or the Intra-Company Transfer Visa enables a company to transfer an employee from outside the US to a company in the US.
2. What are the requirements?
The requirements for the L-1 or the Intra-Company Transfer Visa are:
- There is a business relationship between the US company and the non-US company (e.g. parent-subsidiary);
- The employee to be transferred must be employed for one continuous year within the past three years;
- The employee must be employed in an executive capacity, managerial capacity or as someone with specialised knowledge/skill; and
- Continue to be employed in an executive capacity, managerial capacity or as someone with specialised knowledge/skill.
3. Are there different types of L-1 Visas?
Yes, there are two different types of L-1 or Intra-Company Transfer Visas. They are the L-1A and the L-1B. An L-1A visa is for a person that is being transferred based on executive or managerial capacity. The L-1B is for a person that is being transferred based on specialised knowledge or specialised skill.
4. Q: What is a L-1 Blanket petition?
The L-1 Blanket petition is a petition allowing a company transfer people to the U.S. on L-1 visa in a more time efficient manner as the company does not have to file a separate petition for each employee with the US Company
The requirements for the L-1 Visa are:
- U.S. Company has at least 1,000 employees;
- The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates;
- The petitioning US company has obtained L-1 visas for at least 10 employees during the last 12 months;
- The US Company and related sub organization have combined annual sales of at least $25 million; and
- The initial validity of an approved blanket petition is 3. The US Company may file for an extension of the blanket petition.
5. Can a company transfer an employee to open a new office on the L-1 Visa?
Yes, the L-1 Visa beneficiary can be transferred to open a new office, branch or subsidiary. In the case of a new office, branch or subsidiary, a detailed business plan will have to be submitted. The business plan is one of the most important pieces of supporting evidence for a business that is transferring an employee to open a new office.
6. Will Irwin Mitchell assist with business plan?
The team at Irwin Mitchell will evaluate and assist the applicant to produce the most effective business plan which is practical and logical.
7. How long can I obtain the visa for?
The maximum the visa will be granted for is three years. For new offices, the initial visa will be granted for only one year. It is renewable. Although the total amount of time a person can stay on a visa granted under executive or managerial capacity can be granted for a total of seven years, the total amount a person can stay on a visa under specialised skill or specialised knowledge is five years.
8. Can my family join me?
Yes, your spouse and minor children can join you. They would have to apply for an L-2 Derivative Visa and they can remain in the US as long as the primary L-1 visa holder can remain in the US.
Note, the child is not eligible for a derivative visa once the child becomes an adult; therefore, the child must obtain a visa on his/her own merits.
9. Can my spouse work in the US?
Your spouse can work in the US. However, a separate Work Authorization Application has to be filed once the spouse receives the L-2 visa.
10. How long does it take to get the visa approved?
The USCIS has an option whereby a company can get a decision within fifteen calendar days if they pay $1,000 extra. Once the application has been approved, the application is transferred to the Embassy. Depending on the time of the year, it can take up to four weeks for the interview to be scheduled. Once the visa has been approved, the Embassy can take up to one week to issue the visa.
11. What pitfalls do visa applicants face?
The visa applicant faces two primary pitfalls. The first pitfall is getting the application approved and the second pitfall comes at the Embassy.
The application's approval depends on the supporting evidence that is submitted with the L-1 Visa application. A company that submits L-1 Visa application without the appropriate supporting evidence will have to endure unnecessary costs due to a loss of time and possibly even the application being denied altogether.
The L-1 Visa applicant faces the second pitfall when he or she goes to the Embassy for the L-1 Visa interview. Again, the proper supporting evidence relating to the company and the beneficiary are needed at the Embassy. Without the appropriate evidence, the visa applicant is most likely to fail in obtaining the visa.
12. Why use an US attorney based in England rather than an attorney in the US?
Although there are numerous benefits to using a US attorney based in England, the main advantage is the ease of communication between you and the attorney. There is no time difference between you and the attorney. Also, you can meet with the attorney in person rather than communicating by emails and phone.
13. Why use a lawyer instead of doing it yourself?
Successful visa applications are not just about submitting applications provided by the USCIS. Applications get approved on the supporting documents and evidence that are provided for each petition or application. Submissions that lack the appropriate documents will cause undue delay and possibly even result in denials. Appeals will not only become more expensive but result in undue delay of months. Visa denials mean that the applicant will no longer be able to travel under the Visa Waiver Scheme.
14. Why use Irwin Mitchell?
Experienced lawyers at Irwin Mitchell will assist you in preparing the application and for the interview at the Embassy. As part of the service Irwin Mitchell will provide a Letter of Support that explains in detail why the application should be approved and the visa issued. The team at Irwin Mitchell will also prepare you for the interview by giving you mock interviews.
Please contact our offices at 0121 214 5453 to discuss your matter with a member of the US Immigration team.