What Do you Need to know about L-1 Intro-company Transferees?
The L-1 intracompany transferee
visa enables supervisors, administrators, and "specialized knowledge"
employees who work outside the U.S. for a corporation that has an affiliated
entity inside the U.S. to come to the U.S. and conduct services for that
commodity. It is a non-immigrant visa, suggesting it expires eventually and is
not comparable to permanent residence or a green card.
Under U.S. immigration law, a worker
authorizes for an L-1 visa if the person has been engaged outside the U.S. by
the sponsoring organization for at least one continuous year out of the past
three years, and is being moved to the U.S. to work as a manager, executive, or
specialized knowledge employee. (Managers and executives obtain L-1A visas and
people with special knowledge acquire L-1B visas.)
The U.S. company to which you are moving
needs to be a parent, branch, subsidiary, affiliate, or joint venture partner
of the non-U.S. employer. "Non-U.S. company" means that it is
physically situated outside the United States. Such a business may be a foreign
branch of a U.S.-based business, or it may have formed in a nation outside the
United States. Either one suits the definition of a non-U.S. corporation.
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The company needs to keep performing its
operations for the period of your visa, and the visa holder should anticipate
being moved back upon return. In case the foreign employer closes, the U.S.
employer must have a related foreign company to which the L-1 visa holder could
theoretically be moved.
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