L1 – Information – Intra Company Transfers
The L-1 visa category permits multinational companies to transfer high-level and essential employees from their international offices to the United States. The non-immigrant would work at the affiliate or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity
Requirements for Obtaining L-1 Status:
One year work experience with the overseas company in the preceding 3 yrs. Overseas company must be related to the U.S. Company. The Petitioning company must be a qualifying organization. Employee must have worked for the overseas company as an executive, manager or in a position specialized knowledge. Employee must be coming to the U.S. to fill one of these capacities Employee must be qualified for the position. Evidence of Alien’s Employment Abroad: A letter signed by an authorized official of the petitioner describing the prospective employee’s employment abroad for at least the prior year and the intended employment in the United States, including the dates of employment, job titles, specific job duties, number and types of employees supervised, qualifications for the job, level of authority, salary, and dates of time spent in the United States during the previous year. It may also be helpful to submit other evidence, such as wage and earning statements or an employment letter from an authorized official of the employing company abroad.
Qualifying Corporate Relationship:
Large, established organizations. Such companies may submit a statement by the company’s president, general counsel, corporate secretary, or other authorized official describing the ownership and control of each qualifying organization, along with other evidence such as a copy of the most recent annual report, SEC filings or other documentation which lists the parent and its subsidiaries.
Small business and marginal operations. In addition to the statement from the authorized official regarding ownership and control of each qualifying organization, other evidence of ownership and control should be submitted, such as records of stock ownership, profit and loss statements or other account’s reports, tax returns, and/or articles of incorporation, by-laws, and minutes of board meetings.
Partnerships. To establish who owns and controls a partnership, a copy of the partnership agreement must be submitted. To establish what the partnership owns and controls, other evidence may be necessary.
Proprietorships. In cases where the business is not a separate legal entity from the owner(s), the petitioner’s statement of ownership and control must be accompanied by evidence, such as a license to do business, record of registration as an employer with the Internal Revenue Service, business tax returns, or other evidence which identifies the owner(s) the businesses.
New offices. If the beneficiary is coming to the United States to open a new office, proof of ownership and control, in addition to financial viability, is required. The petitioners’ statement of ownership and control should be accompanied by appropriate evidence such as evidence of capitalization of the company or evidence of financial resources committed by the foreign company, articles of incorporation, by-laws, and minutes of board of directors’ meetings, corporate bank statements, profit and loss statements or other accountant’s reports, or tax returns.
L-1B Specialized knowledge:
L1B specialized knowledge workers must generally be key employees who have unique or rare qualifications and/or proprietary knowledge of the company's products, services, research, systems, proprietary techniques, management, or procedures that sets them apart from others in the company or industry with similar levels of experience.