Intra company transfer
of employees or L1B Visa
Intracompany transfers visas: L-1B
L-1A visa is for you, if you wish to transfer intracompany.
The international company could be either a US or other foreign organization. For an L-1 visa, you should be at an administrative level, or have particular skills regarding the specific knowledge required, and be bound to a position inside the US company at any of these levels. It is important that you should have been working outside the US with the same company consistently for one year within the three years prior to your application for temporary immigration into the US.
Your employer is additionally required to submit a labor condition application at the Department of Labor and provide them the terms and conditions of your employment. USCIS will make the final decision if your field of work is “specialty” employment. You can apply for an L-1 visa after your US organization or institution has got an endorsed appeal from USCIS, either on a “blanket” or an individual basis.
In most cases, the non-immigrant visa applications require the employer to get an approved petition from the USCIS before you can apply for the visa. This petition is Form I-129 which must be approved by the US Embassy and then verified through the Department of State’s Petition Information Management Service while you attend the interview.
In case if you are a Canadian citizen, who is exempted from the L-1 visa requirement, you can submit the completed Form I-129S and supporting documentation to a US Customs and Border Protection (CBP) Officer at some specific ports-of-entry on the US-Canada land border or at a US pre-clearance/pre-flight inspection station in Canada. This form has to be submitted with an application for admission to the US in L-1 status.
What Does L-1A Visa Restrict You From?
The L-1A visa is mainly for people having managerial status in their company. The components included in managerial or executive capacity range from overall decision-making regarding policies, goals, and procedures in the company, and daily management and operations of the subdivision as well as all the employees working there. Moreover, once under this visa, you need to enter the US while working for the same employer.
You cannot switch the employer under the L-1A visa. If you wish to change your company or start working for another employer, you first need to change the status of your visa.
How to Apply For L-1A Visa?
The application process is similar to other non-immigrant visas. For the process details click here (hyperlink to general application process for non-immigrant visas).
What After You Get The L-1A Visa?
The grant period of L-1A visa for new, start-up companies is 1 year, and it is and 3 years for established companies. The employees might get an extension of an L-1 visa for terms of 2 years for a period of 7 years.
Once you have an L-1A visa, you can apply for permanent residency in the US. This provision is possible only after you apply for a permanent resident card through the EB1 category.
You can ensure your dependents continue to stay with you in the US by applying for an L-2 visa for them.