L-1 Intracompany Transferees
L-1 visa status is granted to foreign nationals coming temporarily to the United States to perform services in an executive, managerial, or specialized knowledge capacity. The foreign national must have worked abroad in an executive, managerial or specialized knowledge capacity for a foreign employer which is a branch, subsidiary or affiliate of the prospective U.S. employer for one continuous year within the three-year period immediately before filing the petition.
The L-1 category is further broken down into L-1A Managers and Executives and L-1B Specialized Knowledge Employees, depending on what type of responsibilities the individual will be given upon arriving to work for the U.S. affiliate.
U.S. Immigration often categorizes the L-1 as "multinational transfers." This gives the perception that the L visa may only be granted to executives, managers, and specialize knowledge individuals from large, multi-million dollar, multinational corporations. This is a misconception.
The L-1 category is especially useful and highly recommended for small and medium sized businesses whose owners, executives and managers may want to come to the United States to "test the water" on conducting business in the United States without investing a substantial amount of money. The L-1 route is also the most straightforward strategy for foreign business owners to obtain a U.S. Green Card.
With the L-1, there are no minimum investment or capital requirements and no set number of U.S. employees that must be hired. In fact, U.S. Immigration will grant a one (1) year period to Foreign Nationals to "open an office and commence operations" of the U.S. business. Prior to the end of that initial one-year period, the Foreign National must be able to demonstrate that the U.S. business is operating, generating business, and moving forward on its business strategy. Employment of U.S. employees is a plus, but not an absolute requirement.
