L- Visa General Information

The L nonimmigrant visa category is available to international companies to transfer employees from a company abroad to related companies in the United States.

(a). The Employee Must Have Worked Abroad for the Overseas Company for a Continuous Period of One Year in the Preceding Three Years

Any time spent in the United States during the three years prior to filing year does not bar the employee from being transferred, but that time cannot be counted toward fulfilling the one-year abroad requirement. Each day in the United States during the preceding year adds one day to the total time that the alien must have been employed by the overseas company.

A year or more of part-time employment cannot be added up to meet the one-year abroad requirement, unless the employee has worked part-time for each of several foreign affiliates of the U.S. company, and the total employment time equals full-time hours.

(b). The Company for Which the Employee Has Worked for a Year Abroad Must Be Related to the U.S. Company in a Specific Manner

(c). The Company Must Be a Qualifying Organization and Must Continue To Do Business in the United States and One Other Country During the Whole Period of the Transfer .

"Doing business" means " regular, systematic, and continuous provision of goods and/or services." It does not include the mere presence of an agent or office abroad, if no actual business is being conducted.

(d). The Employee to Be Transferred Must Have Been Employed Abroad in an "Executive" or "Managerial" Position or a Position Involving "Specialized Knowledge"

(e). The Employee Must Be Coming to the U.S. Company to work in an (Executive, Managerial, or position requiring Specialized Knowledge)

(g). The L-1 Alien Must Intend to Depart the United States upon Completion of His or Her Authorized Stay (Including Extensions), but May Also Pursue Permanent Residence at the Same Time.

Duration of Authorized Stay . L-1 status is limited to a maximum initial period of stay of three years. A one-year initial period of stay applies when the alien is coming to the United States to open a new office. The total period of stay may reach seven years for L-1A managers and executives, and five years for L-1B specialized knowledge personnel. Additional periods of stay beyond these limits can only be granted based upon a showing of extraordinary circumstances.

Application Process . The U.S. employer must file a petition with the U. S. Citizenship and Immigration Service. Once the petition is approved, the approved petition is sent to a U.S. consulate where the alien can obtain an L-1 visa to enter the United States. If the employee is already in the United States in a different nonimmigrant category, his/her immigration status will be changed to the L-1 category.