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L-1 Intracompany Transferee

Multinational companies seeking to transfer key personnel to the United States have a valuable option in the L-1 Intracompany Transfer. The South Florida immigration attorney at Dominguez & Firm, PLLC has the experience and proficiency to guide you through every step of the application process.

What Is an L-1 Intracompany Transfer?

The L-1 Intracompany Transfer is a valuable non-immigrant visa option specifically designed for multinational companies. It facilitates the temporary transfer of qualified employees from an overseas entity to related operations within the United States.

• Addressing Business Needs: Companies with locations or business interests in the US can effectively bring over key personnel from their other locations globally.
• Flexible Duration: The L-1 visa is temporary, but with extensions available, it provides a significant degree of flexibility for the length of a transferee’s stay.

To provide the precise level of support needed, the L-1 visa breaks into two categories:

• L-1A Visa (Managers and Executives): Designed for personnel whose roles primarily involve directing the organization, establishing goals and policies, making significant decisions independently, and overseeing the management of staff.
• L-1B Visa (Specialized Knowledge): Intended for individuals possessing in-depth expertise regarding the company’s products, services, research, systems, techniques, proprietary knowledge, or internal processes.

Eligibility Requirements for the L-1 Visa

The L-1 visa application relies on proving that both the transferring employee and the sponsoring company/employer satisfy specific criteria:

• Employee Eligibility: The employee must have worked for the foreign company in a managerial, executive, or specialized knowledge capacity for at least one continuous year within the three years immediately preceding their application. The intended position within the US company must also fall into one of these categories: managerial or executive role and specialized knowledge.
• Employer Eligibility: The foreign company and the US company must have a designated ‘qualifying relationship.’ This includes parent-subsidiary, affiliates, and branches. Both the foreign company and the US company need to demonstrate that they are ‘doing business.’ This goes beyond having just a registered presence and means regularly providing goods or services. While there are some exceptions, generally the US company will need to have a physical location (i.e., office, or facility) where the employee will work.

L-1 Intracompany Transfer Process

A successful application for L-1 Intracompany Transfer hinges on meeting and proving eligibility requirements. It generally involves these steps:

1. Petition from the US Employer (Form I-129): The L-1 visa process begins with the US employer, the intended place of work for the transferee. They file a Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This petition must include substantial supporting evidence to demonstrate:

• The qualifying relationship between the US and foreign companies.
• Proof that both companies are ‘doing business.’
• Evidence of the employee’s eligibility (work history, job descriptions for both past and intended roles, etc.).

2. Petition Review and Adjudication: The USCIS carefully reviews the submitted petition and its accompanying documentation. They look for discrepancies and make a determination on whether the eligibility requirements have been convincingly met.

3. Visa Issuance (US Consulate or Embassy): Only upon the petition’s approval (Form I-129) can the employee move on to applying for the actual L-1 visa at a US Consulate or Embassy in their home country. This step involves the employee submitting a separate visa application (Form DS-160), the Online Nonimmigrant Visa Application.

The employee will attend an in-person interview where a consular officer reviews their information and may ask questions related to the transfer. Following this review, the consulate or embassy makes the final decision to grant or deny the L-1 visa.

Seek Legal Help From a South Florida Immigration Attorney

Immigration matters, including L-1 Intracompany Transferee, are inherently complex. Engaging a skilled immigration attorney in South Florida from Dominguez & Firm, PLLC offers various benefits:

• Error Avoidance: Our qualified immigration attorney can guide you meticulously through the L-1 visa application process, reducing the risk of errors and delays.
• Tailored Assistance: Our attorney offers personalized solutions, analyzing your unique situation to devise the optimal strategy for a successful L-1 visa application.
• Advocacy and Representation: Our experienced attorney stands as strong advocates before immigration authorities, safeguarding your interests and ensuring your case is represented thoroughly.

The L-1 Visa can be a powerful tool for businesses needing to facilitate vital intracompany employee relocations. If you are interested in exploring whether an L-1 Intracompany Transfer is the right fit for your needs, schedule a consultation with Dominguez & Firm, PLLC, an established South Florida immigration law firm.