Intracompany
Transferee Visa (L-1)
This
is an extremely important visa. It is through
this visa that small or large businesses from foreign
countries can start a business in the U.S.A.
Unlike
the E-2 visa, this visa is not limited to certain
countries, and there is no requirement that the investment
be substantial.
Through
this visa, foreign businesses can transfer managers,
executives or people with specialized
skills to a new business in the U.S.A. for
periods of up to seven years.
When
we deal with the L-1 visa, we have the concept of "dual
intent". The company transferring the
executive may not be 100% certain whether the alien
will leave the U.S.A. at the end of the visa or whether
they will want the executive or manager to stay on in
the United States permanently. The Immigration
Service allows this dual intent for L-1 visas.
Accordingly,
the L-1 visa can lead to permanent residence, for managers
and executives without having to request a Labor Certification
from the Department of Labor. (Refer to Multi-National
under Permanent Residence).
It
is possible to "convert" the L-1 visa, which
has a limit of seven years to permanent residence without
having to prove that there are no American citizens
who can do the job of that executive or manager.
SPECIAL
NOTES ON THE L-1 VISA
1. There is no minimum dollar amount investment
required to obtain this visa.
2. There is no need to be involved in international
trade.
3.
The foreign and U.S. businesses do not have to be in
the same type of business.
More
on the L-1 Visa
A business entity (corporation, partnership or sole
proprietor) in a foreign country can transfer an executive,
manager or someone with specialized knowledge to the
U.S.-based branch, subsidiary or affiliate.