L-1 Visa: Intracompany Transferee

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The L-1 visa classification is used by foreign companies who wish to do commerce with the U.S. and want to transfer employees to the U.S. to oversee their operations. This has been a part of immigration law for many years and is set forth in Section 101(a)(15)(L) of the Immigration and Nationality Act.

In order to qualify for an L-1 Visa, the foreign company must meet the following criteria:

1. The company must have been established for some time, preferably at least three years.


2. The company must be lawful, have all local licenses to operate and show that it is current in tax payments or does not have current unpaid tax obligations.

3. The company must have audit financial books, bank statements, letters of credit, all of which to show that it is solvent and can fund the expansion into the U.S. (affiliated branch office).

4. The company must have a sufficient number of employees; the more the better, rule of thumb is at least five employees in addition to the owner/manager.

5. The company must have brochures, invoices, business transaction forms showing the type of business establishment it is and the transactions (international) that it engages in.

6. A business plan must be produced to show why the company wants to expand into the U.S.


Once an L-1 visa is issued, it is usually given for a one year period. At the end of the year, a request for extension must be submitted to the Immigration Service and it must show all the work that has been conducted by the U.S. company. If the company appears viable and is accomplishing its business goals, then a three year extension of the L-1 visa will be granted. Once the extension is granted, then the executive/manager may apply for permanent residency based on the viability of the U.S. company and the need to have him/her continue in their work capacity.

The L-1 visa will lead to U.S. residency for you and your family as long as the branch office is operational. This is a favored and successful method used by many foreign companies who wish to conduct business in the U.S.