The L1 intra-company transferee visa is available to employees of international companies who are being transferred to a parent, branch, affiliate or subsidiary in the U.S.
You may legitimately come to the U.S. as an L1 intra-company transferee and at the same time, lawfully seek to become a permanent resident
B.
You can freely travel in and out of the U.S. while on a valid L1 visa
C.
Your dependents can live with you in the U.S.
D.
Your spouse can apply for a work permit by filing Form I-765 and engage in employment
II.
Requirements for the L1 Visa
A.
Criteria For Determining Employer's Eligibility
To be eligible to sponsor an L1 visa, the following conditions must be met:
1.
A qualifying relationship must exist between the U.S. company and the foreign company abroad
2.
Both the foreign company and the U.S company must remain open, active and viable for the entire duration of your employment in the U.S. Failure to maintain required levels of operation results in the loss of L1 status
B.
Criteria For Determining Employee's Eligibility
To apply for an L1 visa, you must demonstrate that:
1.
You have been employed overseas by the transferring organization for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate
2.
You are a manager, executive or a specialized knowledge professional
III.
Applying for the L1 Visa
You cannot apply for an L1 visa as an individual. To sponsor your L1 visa, your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf.
A.
Filing the L1 Petition
An L1 petition is filed on USCIS Form I-129, along with the Form I-129L supplement. Your L1 petition must include:
1.
Documentation verifying the corporate relationship between the U.S. company and the foreign company (usually a letter from the corporate secretary, and the Articles of Incorporation of both the foreign and the U.S. company)
2.
Documentation verifying capitalization structure of the company (e.g. records of stock or equity ownership)
3.
Detailed job description and requirements for the position - In case of a specialized knowledge position, detailed description of your unique knowledge to be used by the U.S. company
4.
Documentation proving that you have worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or were employed in a position involving specialized knowledge and that you are coming to the U.S. to work in an executive, managerial, or a specialized knowledge position
5.
If you are coming to the U.S. to setup a new office, submit evidence of establishment of new office (e.g. lease for office space, sales contracts, etc.)
6.
Annual report of both foreign and the U.S. company, and/or other reports showing the type of business and financial stability
7.
Organizational chart indicating your position in the U.S. company as well as the foreign company
8.
Copies of applicable business permits/licenses and registrations
