l-1 intracompany
transfer visa
A visa to facilitate the transfer of foreign workers to the USA
The United States’ L-1A nonimmigrant classification enables a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated US office to send an executive or manager to the United States with the purpose of establishing one.
Eligibility requirements
To qualify for L-1 classification in this category, the employer must:
- Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
To qualify, the named employee must also:
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
How much it costs
There are various fees that may apply as part of the L-1 application process, including:
- Form I-129: USD 460
- Fraud Prevention Fee: USD 500
- DS-160: USD 190.
How to apply
The application process for an L-1 Intracompany Transfer visa is carried out in the following three steps:
- Step 1: The employer must file Form I-129 at least 45 days and no more than 6 months before the planned arrival of the employee into the US.
- Step 2: After the approval of the petition, the employee can electronically submit the DS-160.
- Step 3: The applicant must attend an interview at the US Embassy or Consulate.
Processing times
The average processing time under the L-1 Intracompany Transfer category is six months.
How long you can stay
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.
All other qualified employees will be allowed a maximum initial stay of three years.
For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.
How we can help
If you need advice or guidance relating to US immigration including L-1 Intracompany Transfer applications, the Global Immigration team at Smith Stone Walters is here to help. To speak to a member of the team, please contact us today.
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