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L-1 Intracompany Transferees
Immigration Attorneys in Los Angeles, Lawyer, Lawyer, Attorney > Non Immigrant Visas > Student Visas > L-1 Intracompany Transferees
A multinational company must be able to rotate its cadre of management through a variety of situations and places so as to make a cohesive integration of its many international offices. Even a small foreign company may have the need to transfer a key employee to the United States. The United States government has created a temporary visa for multinational companies to use for transferring their executives, managers and employees with specialized knowledge to offices in the United States. This visa is called the “L-1” intracompany transferee visa.
There are several requirements which must be met in order to qualify for the visa. First, the structure of the multinational company must fit within the statutory definitions of “affiliate”, “subsidiary” or “branch office”. Second, the foreign employee must qualify under the law as a “manager”, “executive” or an employee with “specialized knowledge”. Third, the foreign employee must be otherwise eligible for a nonimmigrant visa.
The Citizenship & Immigration Services will only approve a petition from a qualifying American entity. The American business must be a parent, subsidiary, affiliate, or branch of the foreign company from which the employee is transferring. Each of these business relationships is defined by regulation and case law. Joint ventures and other non-traditional ownership relationships create uncertain qualification. Tasoff and Tasoff was instrumental in changing the law in regard to joint ventures qualifying to petition for an L-1 visa by participating as lead counsel in Matter of Smith Tools (Board of Immigration Appeals). The requirements regarding control and ownership, which are necessary to obtain an L-1 visa, are complex and we recommend consultation with an immigration attorney prior to the creation of any business entity in the United States.
In addition to the qualifying relationship, the American entity must be “doing business”. There are certain criteria and restrictions on newly created American businesses or those that have not operated for at least one year. Despite these limiting restrictions, in many cases is it possible to prepare L-1 visa applications for executives and managers of newly opened United States offices.
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