Asian Journal- The Filipino-American Community Newspaper

TODAY, we are going to discuss another type of nonimmigrant visa that might apply to your case. There is a nonimmigrant working visa available to foreign business entities with offices in the United States that wish to transfer employees to the United States office for temporary periods of time. It is called the L-1 visa, also sometimes referred to as the "intra-company transferee" visa.

The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a United States office, subsidiary or affiliate company of the foreign business entity. To obtain an L-1 visa, the intra-company transferee must be able to prove that he has worked for the company outside the United States for at least one full year within the last three years as an executive, manager or employee with specialized knowledge.

An intra-company transferee who comes to work in a managerial or executive capacity for a United States parent, branch, subsidiary or affiliate of the foreign business entity is given an L-1A visa while one who comes as employee with specialized knowledge is given an L-1B visa.

Dependents (i.e., spouses and unmarried children under 21 years of age) of L-1 workers are entitled to L-2 status with the same restrictions as the principal. The L-2 spouse may stay, study, and work while other dependents may only stay and study in the United States. In order for an L-1 petition to be approved, the petition must be filed with the following:

1. Evidence of the qualifying relationship between the United States and the foreign employer which address ownership and control, such as an annual report, copies of articles of incorporation, financial statements, or stock certificates;

2. A letter from the alien’s foreign qualifying employer detailing his or her dates of employment, job duties, qualifications and salary and demonstrating that the alien worked for the employer abroad for at least one continuous year within the three-year period before the filing of the petition in an executive or managerial capacity or in a position involving specialized knowledge; and

3. A detailed description of the proposed job duties and qualifications and evidence the proposed employment is in an executive or managerial capacity or in a position involving specialized knowledge.

If the alien is coming to the United States as a manager or executive (L-1A) to open or to be employed in a new office, the petition must include evidence that:

1. Sufficient premises to house the new office have been secured;

2. The beneficiary has, or upon establishment will have, the qualifying relationship to the foreign employer and the qualifying position; and

3. The intended United States operation will be able to support the executive or managerial position within one year of the approval of the petition. This must be supported by information regarding:

a) The proposed nature of the United States office (size and scope, organizational structure, and financial goals),

b) Financial information about the foreign entity (the size of the United States investment and the financial ability to remunerate the beneficiary and to commence doing business in the United States ), and

c) The organizational structure of the foreign entity.

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