Temporary Workers – “L” Visas

Employees of an international company who are being temporarily transferred to a parent, branch, affiliate, or subsidiary of the same company in the United States require Intra-company Transfer (L-1) visas. The international company may be either a U.S. or foreign organization.

An applicant for an L-1 visa must demonstrate:

• They are at a managerial or executive level, or have specialized knowledge, and be destined to a position within the U.S. company at either of these levels
• They have been employed overseas by the transferring organization for at least one year within the past three years and will be performing duties in the United States for the same employer or an affiliate
• The prospective employer has filed, and the U.S. Citizenship and Immigration Services (USCIS) has approved, a petition (Form I-129) requesting L status for the applicant

The L-1 visa is but one type of visa available for employees to work in the U.S. In some cases, a multinational firm may be able to use B-1, H-1, H-2, E-1, or E-2 visas to transfer employees. Executives and managers of multinational firms are frequently able to qualify for more than one type of visa.

Opening an Office: An L-1 visa is an appropriate visa classification for a qualified employee of an international company coming to the United States to establish a parent, branch, affiliate, or subsidiary in the United States. When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the petition approval, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner will be required to show that it has the financial ability to remunerate the beneficiary and to commence business in the United States. A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is conducting business as described above in order for the petition and applicant's stay to be extended beyond one year.

Filing the I-129 Petition with USCIS: The prospective employers of L-1 visa applicants must petition the U.S. Citizenship and Immigration Services (USCIS) in the United States for approval. This is done by filing a petition, called Form I-129, with the USCIS. Please complete the I-129 and send it to one of the USCIS Regional Service Centers listed on the form.

After the USCIS receives your completed I-129, it will be reviewed to determine if the petition complies with U.S. law. Processing times can vary, please see here for current information. If approved, the USCIS will mail the approved petition to the Embassy, and will also send telegraphic approval notification to the Embassy at the petitioner's expense. The USCIS will also mail a notification of approval to the petitioner and beneficiary. This notification is on Form I-797. An I-797 approval notice is not a visa. You must receive a visa at a U.S. Embassy or Consulate to enter the U.S.

Note: The USCIS offers a Premium Processing Service which expedites the processing of a nonimmigrant visa petition. For more information, see here.

Blanket L Visas: Companies seeking the classification of multiple applicants as intra-company transferees may file a blanket petition with USCIS. The blanket petition provision is meant to serve only relatively large, established companies having multi-layered structures and numerous related business entities. The blanket petition provision is available only to managers, executives, and specialized knowledge professionals that are destined to work in an established office. Inquiries on this process should be addressed to the appropriate USCIS office in the United States.

If your company already has blanket approval to send intra-company transferees, you will be required to submit the following items with your application documents:

• One original and two copies of form I-129S filled out with your position
• Three copies of I-797
• Three copies of the recommendation letter from your employer
• Three copies of subsidiary and affiliated companies in the U.S. (if appropriate)
• Payment of the $500 Blanket L security fee to the consular cashier at the time of your interview. This fee can be paid in cash (U.S. dolalrs only), with a credit card, or by money order.

Spouses and Children: Spouses and/or children under the age of 21 can receive L-2 visas to accompany the employee to the U.S. The application procedure is the same; the I-797A or B covers dependents. If your family members apply after the visa has been issued, they will need to have a copy of the primary applicant's visa included with their application. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor B-2 visas.

There is no requirement that the spouse and/or children of an L-1 visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on an L-2 visa. However, if eligible, they may apply for an F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Spouses may seek employment authorization on derivative L-2 visas. For further information, please contact the USCIS upon after arrival in the U.S.

Application Procedures: For information on applying for this visa, please see “How to Apply.”

Due to security regulations, some applications may require additional clearance and longer processing. Since the application process cannot be accelerated, please apply well in advance of your travel date, and do not purchase plane tickets until you have received your visa. Applicants should refrain from calling the consulate general to inquire about the status of their application. Visa applicants should never assume their application will be automatically approved.