Company transfer Visa : L-1

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Muston & Jack, P.C., is a San Jose, California, based immigration law firm dedicated solely to the practice of immigration law and to meeting the demands of business employers in California and nationwide. Since 1985, the lawyers at our firm have helped thousands of people from around the globe to move forward to the places they need to be.

As a firm, we have extensive experience with the L1 visa and have provided the information below to give you a general overview of how and for whom this works. For more specific information or for answers to other questions, feel free to contact our law offices today.

How do I qualify for an L-1A or L-1B Visa?

The L1A visa is for executives or employees with specialized managerial responsibilities of multinational companies who are being transferred from an office overseas to a US office. The visa may also be used by a manager or executive to open a new affiliate, branch or subsidiary office in the US. The L1A visa is initially valid for three years (or one year for new offices) and can be extended to a total stay of five years. There is no prevailing wage requirement for the L1A visa.

Although the L1A visa was designed for large multinational corporations, it may also be used by smaller companies with needs to send upper level personnel to the United States.

A petitioner that meets the following requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations if:

The petitioner and each of those entities are engaged in commercial trade or services;
The petitioner has an office in the United States that has been doing business for one year or more;

The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and
The petitioner and the other qualifying organizations have obtained approval of petitions for at least ten "L" managers, executives, or specialized knowledge professionals (L1B) during the previous 12 months; or have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or have a United States work force of at least 1,000 employees.

Spouses and children of the L1 visa holder may obtain an L2 visa to enter and remain in the US. L2 Spouses may apply for a work permit while residing in the United States in L2 nonimmigrant status. L2 spouses and children may also attend school in the US.

For whom is a L1 Visa appropriate?

Foreign nationals with specialized knowledge (L1B) or managers being transferred to the U.S. to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision (L-1A).

What are the requirements for obtaining an L1 Visa?

An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge.

If you would like to speak with an experienced immigration lawyer about an international transfer and what needs to be done to make that happen contact the San Jose immigration attorneys of Muston & Jack, P.C.,  and schedule a time to meet via telephone or in person to discuss the situation in detail.