An L-1 visa allows multinational concerns to transfer managers, executives and specialized knowledge employees of a foreign entity to an affiliated U.S. company. A foreign or U.S. entity can act as the sponsor for the L-1 visa.

L-1 Visa

The L-1 visa is a temporary professional work visa valid for up to five years for specialized knowledge employees and seven years for managers and executives. L-1 dependents (spouses and children) receive L-2 status. L-2s spouses may obtain authorization to work in the United States in any type of employment.

L-1 Petitioner Requirements

To qualify as an L-1 petitioner, an employer, either U.S. or foreign, must establish that it is affiliated as a parent, subsidiary or affiliate with a U.S. multinational company, and that it wishes to transfer a manager, executive or specialized knowledge employee from the foreign concern to the U.S. concern. To establish this affiliation, a company must provide the USCIS with corporate family charts, annual reports, stockholder lists or other documentation of common ownership.

L-1 Beneficiary Requirements

The L-1 foreign transferee must establish that he or she has: 1) worked for at least twelve months immediately prior to transfer for the foreign affiliate as an executive, manager or specialized knowledge employee; and 2) will work in a similar capacity in the United States.

L-1 Petitioner Procedures

An L-1 petition is submitted to the USCIS by a U.S. or foreign concern. The USCIS initially approves L-1 visas for a temporary period of three years. Upon receipt of the USCIS L-1 approval notice, a foreign transferee applies for visa issuance at a U.S. consulate or Embassy showing: 1) certification from the company (petitioner) of twelve months of qualifying employment outside the U.S.; 2) qualifications for the position, such as diplomas, licenses, resumes, etc.; and 3) a job offer letter for the position in the U.S. Normally, visa issuance under an L-1 visa takes just one day at major consular posts.

Documents Necessary For L-1 Petition

1. A recent annual report and product information for the transferring company.

2. Documentation from the transferring company, such as payroll records or a certified letter from the employee’s supervisor, that the employee worked in an executive, managerial or specialized knowledge position for twelve months prior to admission to the United States. The letter should certify that he/she was an employee (not an independent contractor), should state his/her salary, and should briefly describe his/her job duties with emphasis on duties such as supervising professional staff, having budgetary authority, setting sales goals and strategies.

3. A brief letter from the U.S. company outlining the position and the job duties in the United States.

4. Proof of the affiliation between the foreign company and the U.S. company. If this information is contained on the annual report, it is sufficient.

5. Copies of the foreign national’s visa documents, c.v., and passport.

The petitioner must also send a $500 check with the petition to cover an "anti-fraud fee." This fee applies to the following petitions: initial petitions, change of status petitions and  change of employer petitions.  The petitioning company, not a third party, must primarily control and supervise its L-1 employees.

For further information on the L-1 visa and immigration in general, please contact Carolyn Lee, Hilary Fraser, Rosanne Mayer, or Stephen Yale-Loehr at Miller Mayer, LLP, 202 East State Street, 7th Floor, Ithaca, NY 14850, Phone: (607) 272- 4200; email: immig@millermayer.com.  Updated (01/05)