L-1 Intracompany Transferees

An intracompany transferee is an individual who has within the preceding three years been employed abroad for at least one continuous year by a qualifying organization who is applying to come temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, OR in a position requiring specialized knowledge. A first-line supervisor is not considered to be acting in a managerial capacity unless the employees supervised are professional, i.e., baccalaureate.

If the L-1 visa holder is coming to establish a “new office,” an appropriate space must be secured. The “new office” L-1 visa is limited to one year. After that time, in order to extend the visa, the USCIS will look to see whether the new office is active and operating.  Typical types of evidence that should accompany an L-1 extension include:

• Copies of purchase orders, contracts, invoices or other evidence of commercial activity;
• Payroll records for employees hired;
• Bank statements for the business;
• Financial reporting documents showing monthly income;
• Continued venture capital or other third party investment contribution based on achieved milestones;
• Media coverage of the business; and,
• A detailed organizational chart depicting the roles, responsibilities and professional/educational qualifications of all current employees, or other evidence to show that the L-1 manager or executive is relieved of non-qualifying duties.

After the first year, the L-1 manager or executive will need to demonstrate that their presence is required to focus primarily on managerial or executive tasks in order to obtain an extension of the L-1 visa.

All other qualified L-1 employees will be allowed a maximum initial stay of three years.   Subsequent requests for extension of stay may be granted in increments of up to an additional two years.  L-1 visas have a maximum limit of seven years.

The spouses and/or children under the age of 21 years who wish to accompany or join the L-1 principal visa holder may apply for derivative L-2 visas.  Spouses are eligible to apply for employment authorization as well.