L1 INTRA COMPANY TRANSFEREES

Overview

The L-1 visa permits an overseas company to transfer  executives, managers and other key personnel to  a  US based subsidiary ,affiliate or parent company. Furthermore, it permits the transfer of mangers, executives and key personnel to oversee of assist in the start up a newly formed US branch, subsidiary or affiliate,. Normally only proof that the US operation has been initiated will be required ( business lease, articles of incorporation etc..)

There is no requirement that  the business operations be of a certain size, nor is there any  requirement that the overseas and US entities engage in the same or even similar type of business.

Specific advantages of the L1 visa

(1) One great advantage of the L1 is that under certain circumstances an L-1 manager or executive may be able to petition for a Green card without enduring the lengthy labor certification process.

(2) Additionally, the accompanying spouse of an L-1 visa holder will receive work authorization during their stay in the US.

(3) The L-1 visa can be approved  relatively quickly, often within 45 days.  Furthermore, to guarantee an approval or determination of the application within fifteen (15) days  an additional $1000 filing fee can be paid for expedited or premium   processing.

L1-basic requirements

	The applicant must  have been employed by the overseas company outside the U.S. as a manager, executive or specialized knowledge employee  for at least one year (unless in the case of a blanket petition) out of the past three years
	Note that an actual employer/employee relationship must have existed-independent contractors or sole proprietors are ineligible for L1
	The U.S. based company to which you are being transferred must be a branch, subsidiary, affiliate or joint venture partner of your current  overseas employer.
	The overseas company must remain in operation while you have the L-1 visa.
	The term 'non-US. company' only implies that it is physically located outside the U.S. Such a company can be a foreign division of a US based or owned business or it may have originated in a country outside the U.S. Both fit the definition of non-US. or overseas company. The L1 visa is not restricted to any particular form of business. Many legal forms of doing business are acceptable, including, but not restricted to, corporations, partnerships, LLCs, limited corporations, limited partnerships, joint ventures and sole proprietorships.  Manager, Executive or Person With Specialized Knowledge In recent years there has been a tightening up on who actually qualifies for L1 status.  What is accepted to be  a manager, executive and specialized knowledge is stricter than what is normally considered to be the general everyday definition. a. Managers For L1 purposes a 'manager' is defined as someone who has all four of the following characteristics
	He or she manages the organization or a department of the organization.
	He or she supervises and controls the work of other supervisory, professional or managerial employees or manages an essential function of the organization.
	He or she has the authority to hire and fire those persons supervised. If none are supervised, the manager must work at a senior level within the organization.
	He or she has the authority to make decisions concerning the day-to-day operations of the portion of the organization which he or she manages.

NOTE:  Front or first-line supervisors are lower management personnel who directly oversee non-management workers. A front-line supervisor, such as  shift manager in a fast food restaurant is not normally considered a manager for L1 purposes.  Unless in a case where the employees supervised are professionals themselves.


b. Executives
For L1 purposes an executive is defined as someone who possesses  all four of the following characteristics:

	He or she directs the management of the organization or a major part of it.
	He or she sets the goals or policies of the organization or a part of it.
	He or she has extensive discretionary decision-making authority.
	He or she receives only general supervision or direction from higher level executives, a board of directors or the stockholders of the organization.

c. Persons with Specialized Knowledge

The term "specialized knowledge" covers any knowledge that specifically concerns the employer company, its procedures, products or international marketing methods.


Applying for a Green Card From L-1 Status

Intra company transferred managers or executives are also considered to be priority workers under the first employment based immigrant preference.

Due to this preferential treatment they are able to petition for permanent residence (for a Green card) without the need to obtain labor certification from the U.S. Department of Labor. That is they can avoid the lengthy and cumbersome process whereby they have to establish that there re no suitably qualified US workers available for the position they wish to fill.

In short, once a manager or executive has obtained L1 status their chances of being qualified as a Priority worker under the first employment based preference are usually excellent. That is provided they have not obtained a start up L1 and that the US based enterprise to which they have been transferred has been doing business for at least one year prior to the filing of the immigrant petition.