• Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Contact
  • About
    • Our Mission
    • About Us
    • Testimonials
  • HR Portal Log In
  • Search

Immigration Support Services

Immigration Solutions for American Business

  • Initiate a Visa Petition
  • Client Portal
  • Visa Information
    • Visa Overview
    • Non-immigrant Visas
    • Immigrant Visas
      • Employment-based
      • Family-based Green Cards
      • Diversity Lottery
    • Citizenship
    • Global Immigration
  • Library & Resources
    • Processing Times
    • Miscellaneous Information
    • For Teachers & Educators
    • For RNs, PTs, & Medical Workers
    • Current Visa Bulletin
    • FAQ
  • Webinars

L-1, L-2 Information

Description

The L-1 nonimmigrant visa category is for international companies with an existing branch, subsidiary or affiliate office located within the United States, wanting to transfer foreign employees to their operations in the United States. US employers cannot “outsource” L-1 employees to other companies. Companies may also open a new branch, subsidiary or affiliate office and still qualify, with certain additional requirements.

The foreign employees to be transferred to work in the United States office must qualify as executives, senior managers, or specialized knowledge personnel.

Basic Requirements Summary

A. Qualifying Relationship Between The Companies:
Only those companies which meet the definitions of a parent, branch, subsidiary or affiliate company qualify to petition for an L-1 visa. These definitions are very precise and require an analysis of both the foreign and U.S. ownership of the companies.

Generally the companies must prove that the requisite relationship exists, by qualifying in one of the following relationships: Either,

a) Both the U.S. entity and the foreign company must be part of the same corporation, company or
entity; or
b) Either the foreign company or the U.S. company owns more than 50% of the other; or
c) Both the U.S. company and the foreign company are owned (more than 50%) by a third company
or by the same group or individuals; or
d) Either the U.S. company or the foreign company are owned (50%) by two joint-ventures; or
e) The transferring company must have “effective control” over the other company.

B. Employment Requirements:
In order to qualify, the petitioning employer must show:

a) The employee worked abroad for the overseas company for a continuous period of one (1) year in the preceding three (3) year period; and
b) The company for which the employee worked for abroad has a qualified relationship to the U.S. company; and
c) The companies must be qualifying organizations, in that they are doing business in the United States and in one other country during the entire period of the transfer; and
d) The employee to be transferred must have been employed abroad in an “executive”, “managerial” or “specialized knowledge” position; and
e) The employee must be coming to the U.S. company to fill the capacity of either an executive, manager or employee with specialized knowledge; and
f) The employee must be qualified for the position by virtue of his/her prior education and experience; and
g) The employee must intend to depart the U.S. upon completion of his/her authorized stay (including extensions), but may also pursue permanent residency at the same time.

For L-1 petitions involving new offices (open for less than one year), the petitioning employer (company) must also demonstrate that the U.S. company has a suitable place to do business and that the employer has the ability to pay the employee(s) during the term of the visa.

A manager is defined as a person who has all 4 of the following characteristics:

  • The alien manages the organization or a department or function of the organization.
  • The alien supervises and controls the work of other supervisory, professional or managerial employees or manages an essential function of the organization.
  • The alien has the authority to hire and fire those persons supervised. If none are supervised, the manager must work at a senior level within the organization or as to a function managed.
  • The alien has the authority to make decisions concerning the day-to-day operations of the portion of the organization which he or she manages.

A first-line supervisor is not normally considered a manager unless the employees supervised are professionals. The word “professional” here means a worker holding a university degree.

An executive is defined as a person who has all four of the following characteristics:

  • The alien directs the management of the organization or a major component of it.
  • The alien sets the goals or policies of the organization or a component of it.
  • The alien has extensive discretionary decision-making authority.
  • The alien receives only general supervision or direction from higher level executives, a board of directors or the stockholders of the organization.

A person with specialized knowledge is defined as:

An individual that has special knowledge of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

Validity Term

The L-1 visa is available for an initial period of 3 years for existing branch, subsidiary or affiliates offices of the international parent company, or an initial period of 1 year for new offices. Extensions of stay are available for up to a maximum stay of 7 years for executives and managers and up to 5 years for individuals with specialized knowledge.

Green Card eligibility

Individuals with an L-1 visa may also be eligible for a green card through employment. Individuals on an L-1A (Executives and senior managers) have the benefit of being able to obtain the green card without going through the rigorous procedures of Labor Certification (the first of 3 steps to Permanent Residency).

L-2

Description

Spouses and minor children of L-1 visa holders may accompany the L-1 holder to the US and are eligible for the L-2 visa.

Basic Requirements Summary

Family members of the L-1 intra-company transferee who are admitted with the alien receive the L-2 category and spouses will be eligible for employment in the United States upon approval by the CIS.

Validity Term

L-2 visas are valid for the term L-1 holder remains in a valid status.

Primary Sidebar


Immigration 101
Sign Up Info


HR Immigration Best Practices
Sign Up Info


Green Cards 101
Sign Up Info


View Webinars

divider2

  • Visa Information
    • Non-immigrant Visas
      • B-1 Visa
      • R-1/R-2 Visa
      • O-1/O-2/O-3 Visa
      • L-1, L-2 Information
      • H-4 Visa
      • H-2B Visa
      • H-1B1 Visa
      • H-1B Visa
      • E-3 Visa
      • TN-1/TN-2/TD Visa
    • Immigrant Visas
      • Employment-based
        • RN and PT Info
          • CGFNS
          • NCLEX Exam
      • Family-based Green Cards
      • Diversity Lottery
    • Citizenship
    • Global Immigration

Visa Processing Times

Find out how long it will take to get your visa.

All Regional Service Centers
DOS Visa Bulletin
Check Your USCIS Online Case Status


Testimonials
divider2

Staff is fantastic

"I can't say enough about the good service I receive from ISS. Your staff is fantastic and provides great service....

~ Leading Medical Research Institution - Client Since 2011

Immigration Support Services
2016-11-17T12:52:27-05:00

~ Leading Medical Research Institution - Client Since 2011

"I can't say enough about the good service I receive from ISS. Your staff is fantastic and provides great service. I can't imagine anything that could be improved."
https://immigrationsupport.com/testimonials/staff-is-fantastic

The best company

"We always use ISS for all our immigration needs. I recommend ISS as the best company to do business with...

~ Premier Provider Data Management Solutions - Client since 2006

Immigration Support Services
2016-11-17T13:16:16-05:00

~ Premier Provider Data Management Solutions - Client since 2006

"We always use ISS for all our immigration needs. I recommend ISS as the best company to do business with to all my colleagues. I look forward to doing business with ISS in the future."
https://immigrationsupport.com/testimonials/the-best-company

Always a Pleasure

"It's always a pleasure to work with ISS and we would highly recommend ISS to anyone who needs to deal...

~Pharmaceutical & Research Lab - Client Since 2000

Immigration Support Services
2017-10-18T15:28:33-04:00

~Pharmaceutical & Research Lab - Client Since 2000

"It's always a pleasure to work with ISS and we would highly recommend ISS to anyone who needs to deal with immigration issues."
https://immigrationsupport.com/testimonials/always-a-pleasure

Easy and painless

"Working with ISS as compared with other attorney firms we've used is like a summer breeze, easy and painless."

~ World Leader Airline Industry, Client since 2001

Immigration Support Services
2016-11-17T09:56:54-05:00

~ World Leader Airline Industry, Client since 2001

"Working with ISS as compared with other attorney firms we've used is like a summer breeze, easy and painless."
https://immigrationsupport.com/testimonials/easy-and-painless

Continue to recommend you

"As always, ISS served our organization very well. We will continue to recommend you to colleagues."

~ Premier Provider Data Management Solutions - Client since 2006

Immigration Support Services
2016-11-17T12:54:49-05:00

~ Premier Provider Data Management Solutions - Client since 2006

"As always, ISS served our organization very well. We will continue to recommend you to colleagues."
https://immigrationsupport.com/testimonials/continue-to-recommend-you
0
0
Immigration Support Services
View more testimonials

Footer

Immigration Support Services

US 1-800-437-7313
International 1-717-506-5203 (How to call)
Email info@immigrationsupport.com
Quick form to contact us

Next Steps

  • Initiate a Visa
  • Check Case Status

Visa Information

  • Visa Overview
  • Non-immigrant Visas
  • Immigrant Visas
  • Citizenship
  • Global Immigration

Resources

  • Processing Times
  • Miscellaneous Information
  • FAQ

© Immigration Support Services · ISS is not affiliated with any government agency.

The content of this website does not offer specific legal advice, nor does it create an attorney client relationship.  You should not reach any legal conclusions based on information contained herein without first seeking the advice of private legal counsel.

Immigration Support Services is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP. ISS has met the HR Certification Institute’s criteria to be pre-approved for recertification credit but is not an endorsement of the quality of the program.

Website & Hosting by RedX Web Design