What are the Requirements for an L1 Visa to Transfer with My Company to the US?
All year long, I constantly get the question about the L1 Visas, the Inter-Company Transferee Visas. It’s a great Visa for many reasons. Number one, it promotes transfer of important employees from countries abroad into the US and it helps our economy. Number two, there is no requirement for the individual to possess a four-year degree, so it’s a terrific visa for people that may not have finished their four-year degree.
These are the basic requirements for an L1 Visa: number one, the individual being transferred has to possess a minimum of one year with the company abroad. Number two, there has to be a very specific relationship between the company abroad and the US company. It could be a parent-subsidiary relationship or it could be an affiliate relationship if they are both owned by the same holding company or parent company, but the correct and accurate relationship must be in existence.
Also, there must be a bonafide way to pay the individual. Sometimes, a company abroad wishes to transfer an individual to start up a new branch. That is possible although it is much more difficult. There are special requirements that must be met when opening up a new branch of a company abroad, and instead of granting up to five years status in L1 Visa, if it as a new branch they only grant one year because they want to make sure that the branch is viable and that the company abroad remains viable after the key individual is transferred.
If you have questions about the L1 Visa or the transferee process, please contact our law firm in Morristown, New Jersey to schedule a consultation to help with your situation.