L-1 intracompany transfer visas are nonimmigrant visas available to persons who work for an overseas company with a U.S. parent, subsidiary, branch, or affiliate. The worker comes to the U.S. to temporarily perform services in a managerial or executive position (L-1A) or, a position which entails specialized knowledge (L-1B) for a parent, subsidiary, branch, or affiliate company of the employer/company abroad. There is currently no annual cap on L-1 visas.

An "executive" is defined as one who primarily:
1) Directs the management of the organization or a major component or function;
2) Establishes goals and policies;
3) Exercises wide latitude in discretionary decision making; and
4) Receives only general supervision or direction from higher level executives, board of
     directors or stockholders.

A "manager" is defined as one who primarily:
1) Manages the organization, department, subdivision, function or component of the
     organization;
2) Supervises and controls the work of other supervisory, professional or managerial
     employees, or manages an essential function within the organization or department or
     subdivision of the organization;
3) Has the authority to hire and fire or recommend personnel actions, or if no direct
     supervision, functions at a senior level within hierarchy or as to function managed; and
4) Exercises discretion over day-to-day operations of the activity or function.

NOTE: The USCIS closely scrutinizes cases where the transferred employee also has an ownership interest in the company, since they cannot be certain that the owner intends to ever leave the U.S. Therefore, the U.S. employer will need to show that their need for the transferee is not indefinite and that the transferee's foreign business interests are a strong lure for the person to return upon the expiration of the transferee's stay in the U.S.

"Specialized knowledge" is defined as one who has specialized knowledge of the company product, service, research, equipment, techniques, management or other interests and its application in world markets; or, as one with advanced or proprietary knowledge of the company's processes or procedures.

L-1A visa holders (managers and executives) may stay in L-1 status for up to 7 years. In most cases, the visas will be granted in 3 year increments. L-1B visa holders (specialized knowledge employees) may stay in L-1 status for up to 5 years. The first petition will be granted for up to 3 years.

Please be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection ("CBP") has authority to deny admission at the port of entry to any applicant who is inadmissible under Immigration & Nationality Act, even if the applicant has a visa! Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which will indicate the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.

If you or your company, institution, or organization has a current or anticipated immigration matter, and would like to schedule a consultation or receive a fee quotation, please click here or call our office at (602) 678-2970.