L-1 intra-company transfer visa is a non-immigrant visa that allows international companies to transfer essential employees, managers, and executives to the United States. The transferred employee is classified as either an L-1A or an L-1B nonimmigrant. L-1A classification is reserved for executives and managers, while L-1B classification is reserved for employees with specialized knowledge (i.e. essential employees). The Houston L-1A visa lawyers and the Houston L-1B visa attorneys at PHAM & CLOVES, PLLC have assisted major international companies to transfer key employees to and from the U.S. to meet their U.S. and international staffing needs. Coupled with our international staffing and recruitment experience, our Houston U.S. business visas attorneys can assist you to reach your staffing and recruitment goals. Please contact our Houston L-1 visa attorneys for information regarding transfer your employee to the U.S. 

Advantages of L-1 Intra-Company Transfers and International Staffing Strategies

In today’s global economy, companies have offices all over the world; and at times, employers need to allocate human resources to utilize the employees’ skills and experience while minimize costs and maximize profits. Thus, a smooth transfer of the company's key employees to the United States is always of great concern. Most executives and managers can come to work in the United States using the L-1A intra-company transferee visa, while employees with specialized knowledge involving a company’s research, technologies, systems, and processes can come to the U.S. under L-1B visas. These executives and specialized knowledge employees are essential to establish the U.S. presence and train U.S. employees. You are invited to consult with an experienced Houston immigration attorney at PHAM & CLOVES, PLLC to assist you and your employer in accomplishing your staffing needs.

Because the L-1 visa category was designed to facilitate the transfer of essential employees from offices abroad to the U.S., it may be used as an effective tool to help international companies achieve their staffing goals, especially in critical areas. Therefore, L-1 visas offer many advantages over other nonimmigrant categories. For instance, the U.S. consular offices presume that most non-immigrant visa applicants have immigrant (permanent migration) intent and the applicant must overcome such presumption. However, L-1 and H-1 non-immigrant visas are considered “dual intent” visas and the beneficiary employee do not have to demonstrate that they do not have immigrant intent. Additionally, unlike the H-1B category, the L-1 category is not subject to an annual cap and is available year round. Furthermore, unlike H-1B, spouses of the L-1 can obtain L-2 visas and can work for any employer. Lastly, companies that meet certain requirements can file and obtain “Blanket L” visas which would not require the companies to file individual L-1 visas with the USCIS in the U.S. and will only have to file the L-1 visas directly with the consular offices abroad. 

L-1A Intra-Company Transfer Requirements

• The transferring employee must be coming to the United States to perform in an executive, management, or to perform in a position requiring specialized knowledge.
• The petitioning employer must demonstrate that the intra-company transferee has been employed at its office abroad for at least one year out of the last three years. 
• The U.S. employer must be a branch, parent, subsidiary, or affiliate office of the international company transferring the L-1 employee. The U.S. company may also be a company that has common ownership as the foreign company. In that case, the shares and distribution of shares of the U.S. company must be identical to the foreign company.
• If the employee is coming to open a new office in the U.S., the U.S. entity must show proof of the physical premises and that the business is active before the visa will be granted. Visa renewals for the new business will require proof that the business is growing, performing well, and continues to require the services of the L-1 employee.
• Under 8 C.F.R. § 214.2(l)(1)(ii)(B), the L-1A visa employee must demonstrate skills and experience in management of the organization, or a department, subdivision, function, or component of the organization; Supervision and control of the work of other supervisors, professionals, or managers, or management of an essential function of the organization, or a department of the organization, as well as having the ability in hiring and firing of employees, or a hierarchy with respect to their position and supporting staffs. Further, the Manager or executive should have discretion responsibility to manage day-to-day operations of the activity or function for which the employee has authority.
• In accordance to 8 C.F.R. § 214.2(l)(1)(ii)(C), an L-1B employee is a person with specialized knowledge. “Specialized knowledge,” as defined under 8 C.F.R. § 214.2(l)(1)(ii)(D), is advanced knowledge concerning a business’ products, research, services, techniques, management, equipment, or interests and its applications in the international marketplace, or advanced knowledge or expertise in the organization’s processes and procedures. 

How Long Can L-l Employees Remain in the United States? 

The L-1 is a temporary nonimmigrant visa with specific limitations on periods of stay in the United States. If the employee is qualified as a manager or executive, he or she may remain in the United States for up to seven years. If the employee is classified in the specialized knowledge category, he or she may stay up to five years. An exception to these limits exist where the employment in the United States is seasonal, intermittent or an aggregate of six months or less per year. To retain the executive, manager and the specialized knowledge employee, employers should consider petition for an immigrant visa for such employee. The employee may be sponsored for an immigrant petition and file for adjustment of status as early as 1 year after the date of arrival under an L-1 visa. As stated in our PERM and employment immigrant petition sections, an immigrant may be available immediately for some executives and managers while other may have to obtain a labor certificate (PERM) prior to filing for an immigrant petition. Contact our Houston L-1 visa lawyers and our Houston employment visa attorneys for more information regarding adjustment of status and immigrant petitions. 

Application Process For L-1 Visas

An L-1 visa must be filed by the company with USCIS in the Service Center that has jurisdiction over the place of intended employment. As stated previously, a new company in the U.S. will have an initial 1-year period to start-up the company and to set up its infrastructure. An existing company can obtain a 3 years period in its initial filing. Subsequently, all companies can file for renewals in two-year increments up to the maximum permitted stay. If the employee is in the United States and maintaining some other legal status, he or she may apply for a change of status in the United States. Spouses and unmarried children under 21 years old of intra-company transferees may be granted L-2 visas. L-2 visa holders are permitted to work in the U.S. for any employer. After the L-1 visa application is approved with the USCIS, it would be transferred to the U.S. consular abroad. The U.S. consular would process the application and schedule an interview date for the intended employee. 

To fast-paced the L-1 application process, qualified employers may file for a Blanket L visa with the USCIS. If approved, the employer would only have to prepare and file the L-1 application directly with the U.S. Consular office abroad, saving time and expenses. Be sure to contact our Houston L-1 visa attorneys and our U.S. L-1 visa lawyers a call to find out how we can assist you in preparing and filing L-1 visas for your managers, executives, and essential employees. At PHAM & CLOVES, PLLC, you will be working directly with our Houston immigration lawyers in a one on one basis. Further, our staffing and recruiting background further enhance our ability to work with human resources managers and directors, and are fully aware of corporate sensitivity when it comes to human resources management. Contact the U.S. L-1 visa attorneys and our Houston L-1 visa lawyers and see how we can help.