L-1, Intra Company Transfers)

The L1 visa is for executives or employees with specialized skills of multinational companies who are being transferred from an office overseas to a US office. The visa may also be used by a manager or executive to open a new office in the US. The following requirements must be met in order to qualify for a L-1 visa

• The alien must have been employed for at least one year in a managerial, executive, or specialized knowledge capacity for one full year in the preceding three years.
• The alien must be coming to a managerial, executive, or specialized knowledge position in the U.S., although not necessarily the same position as the worker held abroad.
• The Company and a U.S. entity must have a qualified relationship. There are a number of ways to create the requisite relationship: The Company may (1) open a branch office in the U.S., (2) incorporate a subsidiary in the U.S., or (3) enter into a qualified joint venture in the U.S; the foreign Company must “control” the US company, which typically requires it owns at least 51% of the stock of the US entity.

A new office L-1 visa is valid for one year. For an employee with specialized knowledge working for a Company that has been in business in the United States for one year or longer, the initial visa validity is up to three year with a two-year extension, for a total of up to five years, and up to seven years for an Executive or Manager transferee.