1. What is an L-1 intracompany transfer visa?
An L-1 intracompany transfer visa is a type of visa meant for foreign executives, managers, and employees of a foreign branch of a U.S. company. It allows the foreign branch to transfer employees to their U.S. branch so they can work in the United States. This is meant to help companies expand their operations and increase their competitiveness in the global economy. The visa is also often used for intra-company transfers of executives and managers who need to relocate to the United States in order to facilitate certain business activities or operations.
2. Who is eligible for an intracompany transfer visa?
Intracompany transfer visas, commonly referred to as L visas, are available to employees of an international company who are being transferred to a related company in the United States. The applicant must have been employed with the company outside the US for at least one year within the three years preceding application, and must be coming to the US to work in an executive, managerial, or specialized knowledge capacity.
3. How long can an L-1 intracompany transfer visa last?
An L-1 intracompany transfer visa can last up to a maximum of seven years for L-1A visa holders, and five years for L-1B visa holders.
4. Is there a limit on the number of L-1 intracompany transfer visas available?
Yes, there is a limit on the number of L-1 intracompany transfer visas available. The limit is 65,000 per fiscal year, with a maximum of 7,500 available for applicants from each “single foreign state.”
5. Are there any restrictions on who can obtain an L-1 intracompany transfer visa?
Yes, there are restrictions on who can obtain an L-1 intracompany transfer visa. The applicant must have been employed abroad with a qualifying organization for at least one year out of the last three years. Additionally, the applicant must be coming to the US to work in an executive, managerial, or specialized knowledge capacity. Finally, the applicant must be employed by a qualifying organization that has a parent, branch, subsidiary, or affiliate in the US.
6. How much does an L-1 intracompany transfer visa cost?
The cost of an L-1 intracompany transfer visa depends on several factors. Generally, the government filing fee is $460 USD for a petition, with additional fees for premium processing and processing of dependents. Additionally, there may be additional expenses associated with preparing the application, such as legal fees, translation services, and filing costs.
7. What documents are required to apply for an L-1 intracompany transfer visa?
In order to apply for an L-1 intracompany transfer visa, the following documents are required:
* A valid passport
* Evidence of the foreign company’s legal existence, such as a certificate of incorporation or business license
* Evidence of the foreign company’s current ownership and control, such as stock certificates or annual reports
* Evidence showing the applicant’s current position and prior positions held with the foreign company, such as pay stubs or job descriptions
* Evidence showing that the applicant will continue to be employed by the same employer in a managerial or executive capacity while in the United States
* Evidence of the nature of the relationship between the foreign and U.S. company, such as contracts or other business documents
* Evidence of the U.S. company’s ability to pay for the applicant’s salary, such as tax returns or financial statements
8. Does the employer have to pay a fee to the U.S. government when applying for an L-1 intracompany transfer visa?
Yes, the employer must pay a fee to the U.S. government when applying for an L-1 intracompany transfer visa. The fee is $460 for the Petition for a Nonimmigrant Worker, Form I-129.
9. Are there any special requirements regarding the type of employment offered by the U.S. employer in order to obtain an L-1 intracompany transfer visa?
Yes, to qualify for an L-1 intracompany transfer visa, the U.S. employer must be an affiliate, parent, subsidiary, or branch office of the foreign employer. The U.S. employer must also offer a full-time position that is executive, managerial, or specialized knowledge-based in nature. Finally, the individual must have been employed by the foreign employer for at least one year out of the past three years prior to the application for the visa.
10. Are dependents allowed to accompany the principal visa holder on an L-1 intracompany transfer visa?
Yes, dependents (spouse, children under the age of 21) of the L-1 visa holder are allowed to accompany them on an L-1 intracompany transfer visa. Dependents need to apply for an L-2 visa to enter the United States.
11. Can an employee with an L-1 intracompany transfer visa apply for a green card?
Yes, an L-1 intracompany transfer visa holder is eligible to apply for a green card.
12. Can I travel outside the U.S. while on an L-1 intracompany transfer visa?
Yes, you can travel outside the U.S. while on an L-1 intracompany transfer visa. However, you may need to apply for an L-1 visa stamp in your passport in order to be admitted back into the U.S. after your travels. Additionally, extended stays abroad or frequent trips outside the U.S. may raise questions when applying for an extension of the visa.
13. Is an employee with an L-1 intracompany transfer visa allowed to work for a different employer while in the U.S.?
No, an L-1 intracompany transfer visa does not allow an employee to work for a different employer while in the U.S. The employee must work for the same company that sponsored their visa.
14. How does an employee extend an L-1 intracompany transfer visa?
An employee can extend an L-1 intracompany transfer visa by submitting Form I-539, Application to Extend/Change Nonimmigrant Status, to the U.S. Citizenship and Immigration Services (USCIS) along with supporting documents such as a new work contract or an updated job description. The employee’s employer must also provide a letter of support for the extension.
15. What is the difference between an L-1A and L-1B intracompany transfer visa?
The L-1A visa allows foreign nationals who have worked abroad for a qualifying organization to come to the United States to work in a managerial or executive capacity for the same company or one of its affiliates. The L-1B visa, on the other hand, allows foreign nationals with specialized knowledge to come to the United States to work in a specialized capacity for the same company or one of its affiliates.
16. Can an employee with an L-1A or L-1B intracompany transfer visa switch employers while in the U.S.?
Yes, an employee with an L-1A or L-1B intracompany transfer visa may switch employers while in the U.S., provided that the new employer is willing to file a new L-1 petition on the employee’s behalf.
17. Can I change my status from nonimmigrant to immigrant while on an L-1 intracompany transfer visa?
No, you cannot change your status from nonimmigrant to immigrant while on an L-1 intracompany transfer visa. To become an immigrant, you must file a separate immigrant petition and receive approval from the US Citizenship and Immigration Services (USCIS).
18. Do I have to file taxes while on an L-1 intracompany transfer visa?
Yes, you must file taxes while on an L-1 intracompany transfer visa. Generally, individuals living in the US on a visa are required to file taxes if they meet certain requirements. These requirements include having earned income, having certain investments, or having a filing requirement based on their immigration status. Therefore, if you are on an L-1 intracompany transfer visa and meet any of these requirements, you must file taxes.
19. How long does it take to process an application for an L-1 intracompany transfer visa?
The processing time for an L-1 intracompany transfer visa varies depending on the type of application and the particular U.S. embassy or consulate where it is being processed. Processing can take anywhere from several weeks to several months.
20. Is there any other advice that you would give someone who is considering applying for an L-1 intracompany transfer visa?
Yes, make sure that you fully understand the requirements and the application process before you apply for an L-1 intracompany transfer visa. Additionally, it is important to provide as much documentation as possible to support your application. This includes evidence of your current and past employment, educational qualifications, and financial information. Finally, it is important to ensure that all the information provided is accurate and up-to-date.