Non-Immigrant: L-1 Visa - Intercompany Transfer

Overseas Employment
The transferee must have worked abroad for the Overseas Company for a continuous period of one year in the preceding three years. Note, should the employee have been in the United States prior to the application, 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.

The employee further must have been employed by the overseas company in an "Executive" or "Managerial" position or in a position involving "Specialized Knowledge."

U.S. Employment
The transferee must be coming to the United States to fill one of the three aforementioned positions and provide proof that they are qualified for the position.

Relationship between U.S. and Overseas Company
There must be a definite relationship between the U.S. and overseas company. Some questions to determine if they qualify are:

1. Are both the U.S. entity and the company abroad branch offices of the same corporation?
2. Does the U.S. company own more that 50% of the overseas company or visa versa?
3. Are both the U.S. entity and the company abroad majority (50%+) owned by a third company, individual or group of individuals?

The general rule is that one company that is party to the transfer must have "effective control" of the other company. The relationship between the companies must be clearly evidenced at time of the application. This can be done by providing such documentation as articles of incorporation showing common ownership etc.

Duration
As noted above, an L-1 visa is initially issued for a maximum period of three years unless it is a start-up company. This can be renewed, but the total number of years for executives and managers must not exceed seven years and for specialized knowledge personnel, five years.

Employer
The company must file a petition with the Immigration and Naturalization Service in the United States. This petition is made on Form I-129 and L-Supplement accompanied by the supporting documentation. This includes a letter from the company explaining that the transferee is being transferred to the United States office, his current duties with the company and responsibilities in the Unites States. Further, documentation must be submitted proving the relationship between the U.S. and overseas entities and transferees qualifications.

Required Documents:

1. Dates of employment with the L-1 employer;
2. Description of duties for the three years with the L-1 employer;
3. Description of the duties of the L-1 in the United States;
4. Documentation of the L-1's educational and work experience;
5. Documentation of the U.S. company to the foreign company;
6. Description of stock ownership and control of each company.