8 CFR § 214.2 Petitions for Temporary Nonimmigrants Employees
This is a visa that is given to foreign nationals at the request of a U.S. company or employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. It also allows a foreign company that doesn’t have an office in the US to send an executive to open an office in the US.
Intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive , or involves specialized knowledge.
Who can file and What to File
Any qualified US or Foreign employer must file Form I-129 and I-129L, along with the required documentation.
Mandatory Initial Evidence
relationship with each other as defined in paragraph (l)(1)(ii)(G) of this section.
(ii) alien will be an executive, manager or have specialized knowledge,
including a detailed description of the services to be performed.
(iii) alien has at least one continuous year of full-time employment abroad
with a qualifying organization within the three years preceding the filing of the
(iv) alien’s prior year of employment abroad was managerial, executive, or
involved specialized knowledge and that the alien’s prior education, training,
and employment qualifies him/her to perform the intended services in the United
L-1A: To Open or Take a Position at a New US Office
- All of the above AND
- Sufficient physical premises to house the new office have been secured;
- The new US operation, within one year of the approval of the petition, will support an executive or managerial position by showing:
- The proposed nature, scope, organizational structure and financial goals of the new office;
- The size of the US investment and the financial ability of the foreign to pay transferee and
- The organizational structure of the foreign entity.
L-1B: To Open a New Office or Take a Specialized Knowledge Position
- All of the above AND
- Transferee has a special knowledge of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
If the Beneficiary is an Owner or Major Stockholder of the Company
- Evidence that the transferee’s services are to be used for a temporary period
- Evidence that the transferee will be assign abroad upon the completion of the temporary services in the United States.
To Establish Eligibility for Blanket L Certification
- The qualifying organizations must be engaged in commercial trade or services
- Must have an office in the US doing business for one year or more
- Must have 3 or more domestic and foreign branches, subsidiaries, and affiliates
- Must meet one of the following:
- Must have obtained at least 10 L-1 in the previous 12-month period; or
- Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
- Have a U.S. workforce of at least 1,000 employees.
Upon approval of the blanket petition the US company should complete Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send it to the prospective transferee with a copy of the blanket petition Approval Notice and other required evidence, so that they may present it to a consular officer.
L-2 Status for Spouses and Unmarried Children of L-1 Transferee
They will be granted the same period of stay as the L-1 and/or change of status to or extension of stay in L-2 classification. Spouses of L-1 transferee can apply for a Work Permit with no specific restriction as to what kind of employment they can accept..