Intracompany Transfers

Intracompany Transfers

An L-1 visa is an intracompany transfer visa. If someone works for an affiliated company abroad for one in the preceding three years, then they would be eligible to be transferred to a related company in the US. They must have worked in a manager, executive or specialized knowledge capacity in the position abroad.

To be considered a manager, one must have managed high-level, professional employees or an essential function of the business and be transferred into the US company to do the same or be a higher-level executive. An executive is one who creates the policies of the company and is involved in the highest level of decision making for the organization. A specialized knowledge employee holds knowledge that would not be common. It may have taken many hours, months or years to rise to the complex level and ability that they hold, and a typical worker would not have this knowledge. To prove special knowledge, you must be able to show evidence of how the knowledge was attained and why it is not common.

The two companies can be affiliated in a variety of ways:

An L-1 petition may be filed for a new office or an existing business. If the petition is for a new office, the period that the visa will be issued for is one year. After the first year, the company will have to prove that it hired employees and is viable so the visa may be extended.

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