Non-Immigrant Visas
L- Intracompany transferee
The L visas are for high-level managerial and specialized knowledge overseas employees of multinational companies. These individuals seek to obtain the L visa in order to come and work for the multinational company in the U.S.
To qualify for the L-1 visa:
- The alien must have worked abroad for one continuous year out of the last three years immediately prior to entering the U.S.;
- The alien’s job must have been in an executive, managerial, or specialized knowledge field;
- The alien is being transferred temporarily to work in the U.S. in an executive, managerial, or specialized field; and
- The alien’s employer in the U.S. is either a qualifying, related business entity or the same employer as abroad.
An L-1 visa may be approved for an initial period of up to three years. In certain instances, an initial L-1 visa may only be valid for one year. After the expiration of the initial three-year period, an L-1 visaholder may request an extension of the visa for an additional period of time. An alien who was granted an L-1 visa based on specialized knowledge may have an L-1 visa for an overall period of five years. Managers and executives may have their L-1 visas for an overall period of seven years.
Spouses and unmarried children under 21 years of age of L-1 aliens may obtain the L-2 visa. Their status as an L-2 visaholder depends on the L-1 principal alien. If the principal alien’s L-1 visa expires, then the L-2 visas expire as well. Unlike the H-4 dependent of an H-1B worker, a spouse present in the U.S. on an L-2 visa may seek authorized employment. However, children present in the U.S on the L-2 visa are not authorized to engage in employment.
Similar to the H-1B visa, the L-1 visa recognizes the Doctrine of Dual Intent. Therefore, the L-1 alien can maintain his L-1 visa while simultaneously file an application for permanent residency.
The list of non-immigrant visas available to aliens can be found in INA §101(a)(15) and include:
- Ambassador, public minister, or career diplomatic or consular officer;
- Visitor for business or pleasure;
- Individual in immediate and continuous transit;
- Alien crewman;
- Treaty investor or trader;
- Academic student;
- Designated principal representative of a foreign government;
- Temporary worker;
- Representative of the foreign press, radio, film;
- Participant in an approved exchange program;
- Fiance of a U.S. citizen;
- Intracompany transferee;
- Vocational student;
- Parent or child of an alien with special immigrant status;
- Alien with extraordinary ability in the sciences, arts, education, business, or athletics;
- Artist or entertainer;
- Participant in an approved international cultural exchange program;
- Religious worker;
- Criminal informant;
- Victim or informant of trafficking;
- Victim and informant of certain criminal activity; and
- Certain beneficiary of permanent residency application filed by lawful permanent resident.
