L1 Visa Guide – Transfer To/Open New US Branch *

 Whenever I draft outlines for my readers my goal is to write in plain English so that just about anyone will be able to pick up the main requirements of the the visa I’m writing about. This outline should not be taken as being a comprehensive review of this visa, but merely as an outline and is not intended in any way to be regarded as providing anyone with legal counsel.  Of course as soon as you want to take your interest to the next step please do not hesitate to contact the firm directly for a free consultation. From time to time I will reference specific sections of the law rather than paraphrasing.  I hope you enjoy reading this outline and if there is anything at all you’re not sure about please do not hesitate to contact us.

The L1 Visa

Section 214(2) (c) Immigration and Nationality Act

“… An alien who, within three years preceding the time of his application for admission into the US, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof [the petitioning company] and who seeks to enter the US temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him.”

The above extract is the general legal definition as to what type of person can apply for an intra-company transfer visa. Firstly, it is the company / employer who will apply for (petition) the employee (beneficiary) to be transferred. If the petition is successful the beneficiary can then apply for their L visa to be stamped into their passport.  So in essence it is a two-step process: petition then visa application.

Below I have outlined all the essential criteria that must be satisfied in order to petition for the L visa. This is an ideal opportunity to measure your beneficiary against these criteria to be sure that you have a suitable candidate. If the branch is a new branch then it may be yourself who is both petitioner and beneficiary.

I shall start this review by looking at the three employment position categories that apply to this visa - Manager, Executive and Specialist.

Next Chapter -
L1 Visa Home Page -

Select Your Chapters Here

Chapter 1 – Managers, Executives & Specialists
Chapter 2 - The One Year Within Last Three Rule
Chapter 3 – Start Up or Existing US Branch
Chapter 4 – Temporary Intent vs. Dual Intent Rule
Chapter 5 – Duration of L Visas
Chapter 6 – Petitions Denied, Revoked or Withdrawn
Chapter 7 – Continuing to do Business in Home Country
Chapter 8 – Parent, Branch, Subsidiary and Affiliate Companies
Chapter 9 – Employment vs. Source of Paycheck
Chapter 10- Full-time/Part-time L1
Chapter 11 – Day-to-Day Managerial, Executive or Specialist Duties
Chapter 12 – Working While Awaiting Renewal of L Status
Chapter 13 – Spouse of L Visa Holder’s Right to Work
Chapter 14 – Summary

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
520 Broadway, Suite 350,
Santa Monica,
California 90401
Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients. 

General Location:  Santa Monica, Santa Clarita, Los Angeles, California, USA.
Serving all 50 States
Copyright 2010

Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.