Non-Immigrant Visas
Intracompany Transferee (L-1) Visas
The information on this site is applicable to visa applications made at the U.S. Embassy in Dublin. Those making applications at other U.S. Embassies or Consulates should consult the websites for those missions.
If you are resident in Northern Ireland, visit the U.S. Consulate General, Belfast web site for information about applying for a visa in Northern Ireland.
Petition Approval
U.S. Citizenship and Immigration Services (USCIS) base entitlement to Intracompany Transferee (L-1) status on approval of a petition, Form I-129. Responsibility for reviewing the status of the petitioning company/enterprise rests with the USCIS. The USCIS has the responsibility and authority to determine that the facts in the case reveal business activity, corporate and business relationships and employer intent appropriate for according L-1 classification. Required evidence includes certified audits, balance sheets, profit and loss statements, annual reports, tax records, etc.
Visa Issuance
When a temporary worker L-1 petition is approved, both the beneficiary (the worker) and the Consular Section of the Embassy will be notified by the USCIS. Notification to the beneficiary is by Form I-797. Frequently, the beneficiary receives Form I-797 before the consular section receives the approved Form I-129 from the United States. The nonimmigrant visa unit of the Consular Section can process visa applications on the presentation of the original Form I-797 (a photocopy is not acceptable) together with a copy of the petition filed with the USCIS.
While it is not necessary for an applicant for an intracompany transferee visa to have a residence abroad which he/she has no intention of abandoning, a clear, unequivocal expression of intent to depart the United States upon termination of status is required.
Considerations
1) The Enterprise
a) Required to demonstrate its ongoing international nature --a qualifying organization is required to demonstrate its ongoing international nature and that it continues to do business in the United States and abroad.
b) Must continue to do business in the U.S. and abroad -- For the duration of the Intracompany Transferee's stay in the United States, the qualifying organization be "doing business as an employer in the United States and at least one other country." The regulations also require a qualifying organization to demonstrate its ongoing international nature and the existence of foreign operations to which the employee can reasonably be expected to be transferred at the end of the authorized stay in the United States.
c) A qualifying relationship between the business in the U.S. and the business abroad must exist -- The petitioner desiring to bring the alien to the United States must be "the same employer or an affiliate or subsidiary thereof" for whom the alien has been employed abroad prior to entry.
2. The Beneficiary:
a) Prior continuous, full-time employment for one year with the petitioning enterprise, including subsidiaries, required --Regulations require that the alien has been continuously employed by the same employer, an affiliate or subsidiary thereof, for at least one year during the three years immediately preceding the application for the L-1 visa.
b) The one-year qualifying experience must be wholly outside the U.S. --The beneficiary must have been employed outside of the United States continuously by the petitioner for one full year during the three years immediately preceding the beneficiary's application for admission to the United States.
c) Beneficiary's function in the organization must be executive, managerial or involve specialized knowledge --The alien must be destined to a position identified as executive or managerial, or which involves specialized knowledge, in the petition and in an organization listed in the petition. The beneficiary must be destined for an executive or managerial position, or possess proprietary or specialized knowledge essential to the operation of the organization in the United States.
d) L-1 status does not apply to skilled workers --"Specialized knowledge" means knowledge possessed by an individual whose advanced level of expertise and proprietary knowledge of the organization's product, service, research, equipment, techniques, management or other interests of the employer are not readily available in the United States labor market. This definition does not apply to persons who have general knowledge or expertise, which enables them merely to produce a product or provide a service (skilled workers).
e) Beneficiary must intend a temporary stay in the U.S. -- The beneficiary must be going to the United States for a specified, temporary period.
Additional Information
Family members
Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative or L-2 Visas.
Working on an L-2 Visa
As a result of a recent change in the law, spouses of L-1 visa holders may seek employment authorization on derivative L-1 visas. For further information, please contact the USCIS on your arrival in the United States.
Visa Validity/Time Limits
L-1 Intracompany Transferee executives and managers may remain in the United States for up to seven years. Specialized knowledge personnel, however, are limited to a five-year stay. No extensions for "extraordinary circumstances" are permitted.
Note:
a) A corporation may employ and petition for its owners, even in cases where there is a sole owner.
b) An alien in a managerial, executive or specialized knowledge capacity, if qualified, may come to open or be employed in a new office provided that:
- Sufficient premises to house the new office have been secured;
- The beneficiary's prior year abroad was in an executive, managerial or specialized knowledge capacity and the proposed employment involves executive or managerial authority over or specialized knowledge of the new operation;
- The intended U.S. operation, within one year of approval of the petition, will support an- executive, managerial or specialized knowledge position.
Please also check How to Apply for a Non-Immigrant Visa for more information on the procedures for applying for a visa.
