L Visas / Company Transfers

An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a management or executive capacity, or in a position requiring specialized knowledge. An alien transferred to the United States under this non-immigrant classification is referred to as an intra-company transferee and the organization, which seeks the classification of an alien as an intra-company transferee is referred to as the petitioner. Certain petitioners seeking the classification of aliens as intra-company transferees may file blanket petitions.

L1-A: Executive, Managerial

Executive Capacity:

1. Directs the management of the organization or a major component or function of the organization;
2. Establishes the goals and policies of the organization, component, or function;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

Managerial Capacity:

1. Manages the organization, or a department, subdivision, function, or component of the organization;
2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization.
3. Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
4. Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.

Stay

Initial stay is up to 3 years when coming to existing office; coming to new office- up to one year; extension of stay, one increment of up to 2 years. Total stay limited to 5 years.

L-2: Spouse or Child of L-1

The spouse and unmarried minor children of the beneficiary are entitled to L non-immigrant classification, subject to the same period of admission and limits as the beneficiary, if the spouse and unmarried minor children are accompanying or following to join the beneficiary in the United States. Neither the spouse nor any child may accept employment unless he or she has been granted employment authorization