Intra-company Transferee Visa Types
L1-A Visa
L-1A Visas are for employees in managerial or executive roles, and they can be valid for up to 7 years.
L-1B Visa
L-1B Visas are for employees with specialized or advanced knowledge, and they can be valid for up to 5 years.
L-2 Dependent Visas
L-2 Visas are available for dependent children or spouses of L-1 Visa holders, and they are valid for the duration of the primary applicant’s L-1 Visa. Spouses are eligible to work without filing an additional work authorization request.
L-1 Visa Benefits
- You may bring your spouse and young children with you
- You and your spouse will be eligible to work without separate Employment Authorization
- Canadian citizens may apply for L-1 visas at designated US ports of entry, thereby facing a shorter processing time than other nationals
- You may be coming to the US to establish a new office (must meet extra requirements)
- The l-1 visa is a “dual-intent” visa, and you may have the option to obtain a Green Card
- There is no annual limit on the number of L-1 Visas issued
- There are no set wage requirements
Intra Company Transfer Requirements
The Intra Company Transfer Visa has a separate set of requirements for the employer and for the employee:
Requirements for Employers
- Must be a foreign company seeking to send employees to the US company
- The transferring foreign company and the US company must have a qualifying relationship. A qualifying relationship generally means a parent/subsidiary relationship, affiliation, or branch office
- Must be able to demonstrate that the employees being transferred have the necessary skills and qualifications for the positions they will be filling in the US
- The transferring foreign entity and the US company must continue to do business in the United States and at least one other country
Requirements for Employers
- Must have been employed by the foreign company for at least one year out of the 3 years prior to their transfer to the US.
- Must be transferring to the US to work in a managerial or executive capacity or to work in a position that requires specialized knowledge.
- The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity.
L-1 Visa Application Process
The process for applying for L-1 Visas can be complex, and it’s important to have the guidance of an experienced immigration attorney to assist with including sufficient documentary evidence to qualify. The steps involved may vary depending on the country of nationality. Generally, the employer must file a petition on behalf of the employee. The petition must include ample evidence demonstrating that the employer and employee meet the requirements for L-1 Visas.
If you are a Canadian citizen, you may apply for an L-1 visa directly at the designated ports of entry by providing your package to Customs and Border Protection. If you are from another country, your employer will need to file your petition with the USCIS and then you must obtain a Visa at the Foreign Consulate. Premium Processing is available for L-1 visas, which means you might expedite the process and receive a decision in 15 days as long as you pay a premium processing fee (currently USD 2,500).
L-1 Visa Processing Times & Fees
For Canadian nationals, L-1 Visas can be reasonably quick to obtain, as an individual can apply at a port of entry instead of using the USCIS or the U.S. Consulate.
The longest part of the application process is usually the document collection phase. You should expect this phase to take anywhere from a few weeks to a few months. Businesses and employees need to gather many documents to establish their eligibility. We will provide a comprehensive list of evidence you need to obtain.
Once the documents are collected, we will review and organize them, then assess and confirm your eligibility. They will then proceed to complete your forms, prepare letters, and have you inspect the package before submission.
You will be required to pay government processing fees at the time of submission. These fees change occasionally, but we can provide an up-to-date list whenever you need.
Once the package is submitted, you must wait for the decision. If you apply at a port of entry, you will get adjudicated on the spot. CBP will then forward your petition to the USCIS for verification.
If you apply with the USCIS, you may file via Premium Processing. This means that you will get a decision within 15 days. If you elect to file via regular processing, it can take months for USCIS to process your package.