The L-1 Visa: Company transfer

Managers and other important employees can be transferred to a US office inside of a multinational company. This L-1 transfer can be done by large corporations and medium-sized and small companies alike. For this reason, the L-1 status is a lot more flexible than other work visas. Even a sole proprietor may leave the executive position at home to someone he trusts and transfer himself to the new world. In order to qualify for the L-1 status, you must meet the following requirements:

The foreign company and the US company have to be in one of the following relationships: parent company, subsidiary, branch and foreign base.

If you are to be sent to the US you must have worked in an executive position, a managerial position or in a position that requires special knowledge for one out of three years preceding the application for the L-1 Visa.

In addition, the foreign employee will also have to work in an executive position, a managerial position or in a position that requires special knowledge in the US company in order to qualify for the L-1 Visa.

Even though the size of the company doesn't matter, a foreign sole proprietor cannot transfer himself to the US, set up a business there and then shut down the business in his home country. It is decisive that business activities continue in the applicants home country as well. It is possible for the applicant, however, to employ something in his home country who takes care of things in his place, while he himself goes to the US.

Special case for a newly opened office: The L-1 category allows to transfer people to an office in the US that is yet to be opened or has only been opened recently. A newly opened office in the US is a branch of the company that has been active for less than one year. The possibility of transferring people to a new office in the US is one of the advantages of the L-1 transferee visa. However, special documents are required for that.

Length of stay: The L-1 Visa may be issued for an initial period of up to 3 years. Extension applications can then be filed and approved in the US. However, the maximum period on the L-1 is between 5-7 years. After a person has spend this maximum period in the US, no further extensions can be granted. No further L or H visa can be granted before the person hasn't spent at least one year outside the US. Short business or tourist trips are allowed during this period, however. The time spend on these trips, however, will be deducted from the year.

Family members: The L-1 Visa holder's spouse and unmarried children under 21 will receive the L-2 Visa. With this visa, they are not permitted to work in the US. This means, the L-1 Visa holders spouse must qualify for his or her own work visa.

This is only a short overview over the possibilities of being transferred to a US company. In case you are interested in individual counseling, please contact us.