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L-1 Visa
Intra-Company Transfer for Global Talent Mobility
The L-1 visa is designed to allow multinational companies to transfer key employees from a foreign office to their U.S. operations. It is especially suitable for executives, managers (L-1A), and employees with specialized knowledge (L-1B). Understanding its requirements and preparing a strategic application are crucial for success.
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1. L-1 Visa Eligibility and Business Structure Requirements
To qualify for an L-1 visa, both the U.S. and foreign entities must have a qualifying corporate relationship—such as parent, branch, subsidiary, or affiliate. Additionally, the transferee must have worked for the foreign entity for at least one continuous year within the three years prior to the application.
L-1 Visa and the New U.S. Office Scenario
Opening a new U.S. office under the L-1 program is possible, but it comes with stricter scrutiny. The petitioner must demonstrate that sufficient physical premises exist and that the new office will support an executive or managerial role within one year.
2. L-1 Visa Petition Process and Documentation
The petitioning U.S. employer must file Form I-129 with USCIS along with evidence of the qualifying relationship, employment history, and job duties. Organizational charts, payroll records, tax filings, and lease agreements are frequently required.
L-1 Blanket Petitions for Large Multinationals
Companies with large volumes of intracompany transfers can apply for a blanket L certification. This allows qualifying employees to apply directly at U.S. consulates, significantly streamlining the process.
3. Common Pitfalls in L-1 Visa Applications
USCIS often scrutinizes job duties to distinguish between true executive/managerial or specialized knowledge roles versus regular staff. Vague or overly technical descriptions can lead to Requests for Evidence (RFE) or denials.
L-1 Visa Compliance and Site Visits
Employers should be aware that USCIS may conduct unannounced site inspections to verify L-1 visa compliance. Failure to maintain the structure or role promised in the petition could result in revocation.
4. How SJKP LLP Can Assist with L-1 Visa Strategy
At SJKP LLP, we tailor every L-1 application to the client’s business model, documentation ability, and immigration history. From entity structuring to responding to RFEs, we offer strategic legal support at every stage.
L-1 Visa Renewal and Green Card Pathway
An L-1A visa can be valid for up to 7 years and may lead to a green card through the EB-1C category without labor certification. Planning early for this transition is key.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
