Hammond & Associates
Attorneys at Law

"Serving the Global Immigration Needs of Business"

L-1 TRANSFERS WITHIN MULTI-NATIONAL CORPORATIONS

Multi-national companies that wish to transfer "managers", "executives" or employees with "specialized knowledge" of the company's business can do so using an L-1 nonimmigrant visa.

General Requirements


The foreign national transferring to the U.S. company must have worked in the overseas company in a managerial or executive position, or have specialized knowledge about the company for one in the last three years.

In general, an "executive" or "manager" is someone who is in charge of the whole company, or a significant part of its operations (for example, sales or marketing). A person with "specialized knowledge" is someone who has some special knowledge of or expertise in the petitioning organization's product, service or operations.

 For a detailed definition of "manager", "executive", and "specialized knowledge professional", click here.

The foreign national must be transferred to a new or existing U.S. "branch", "subsidiary" or "affiliate". There are many complicated rules that determine whether a qualifying relationship exists between the overseas company and the U.S. branch, subsidiary or affiliate. Because of this, each case must be examined on a case-by-case basis.

 For a detailed definition of "branch", "subsidiary", and "affiliate", click here.

How to File

Applications for an individual L-1 visa (i.e., for a single foreign national) are filed with the Immigration and Naturalization Service ("INS") using Form I-129 and "L" Supplement. Petitions are adjudicated in the INS having jurisdiction over the location of the U.S. company. For information on the INS Service Centers, click here. Blanket L-1 petition programs may also be used for certain large corporations. For more information on blanket L-1 petition programs, click here.

Canadian citizens wishing to enter the United States on an L-1 visa also use INS Form I-129, but can file it (in duplicate) directly at a Class A port of entry for admittance under the North American Free Trade Agreement ("NAFTA").

An individual L-1 petition may be granted for an initial period of up to three years. Managers and executives may stay in the United States on a L-1A visa for up to seven years. An employee with "specialized knowledge" may stay in the United States on a L-1B visa for up to five years. Spouses and unmarried children (under 21 years old) can enter the United States under an L-2 visa, but are not allowed to work.

 NOTE: Foreign nationals on an L1 visa can qualify for a green card without going through the labor certification process (see EB-1 Immigrant Preference).

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