L-1 Executives / Managers

U.S. businesses and organizations with operating facilities in foreign countries may apply to have a manager, executive, or other worker with specialized knowledge transferred to a U.S. facility through the L-1 intra-company transfer visa process. There are many advantages to having an employee apply for an intra-company transfer visa, as opposed to other types of employment visas. Primarily, there is no limit to the number of L-1 visas that are issued. An entity only has to demonstrate an organizational need to place an existing foreign employee at a facility in the United States, without having to prove that an American national is not capable of filling the job. In addition, the employee may apply for permanent residency while in the United States on an L-1 visa, and getting a green card for permanent status is often considered easier.

In order to qualify for L visa status, the applicant must have been continuously employed for a minimum of one year for the parent U.S. entity or subsidiary in the foreign country. The entity does not have to be an incorporated business, and may include religious groups and non-profit organizations. There are special considerations for employees who have not continuously worked for the entity, or have worked a part of the time in the United States within a three-year period. In addition, the U.S. entity and the foreign operation for which the applicant is employed must share a common owner.

L visas are considered temporary work visas, and the applicants must be willing to state that they intend to return to their home country at the conclusion of the visa period. Despite this, L1 visa status is considered to be one of the easiest platforms from which employees may gain permanent green card status. Executives and managers may stay in the United States for up to seven years on an L1 visa. Specialized workers may remain at the U.S. facility for up to five years. During that time, employment, operational, and even family needs may be used as a legitimate reason to secure permanent residency.