l-1 intracompany
transfer visa

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.

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.

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.

The average processing time under the L-1 Intracompany Transfer category is six months.

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.

note:

This page is intended for informational purposes only. Immigration rules are subject to change and may vary based on your individual circumstances. For up-to-date advice and guidance, please contact Smith Stone Walters.