Asian Journal- The Filipino-American Community Newspaper

If you are working abroad and your company has an office in the US or is planning to expand its operations into the US, the L-1 visa may be available to you.

The L-1 visa is a nonimmigrant visa designed to facilitate temporary transfer of foreign companies’ managers, executives, and specialized knowledge workers to the US to work in the same capacity with an office of the same employer, its parent, branch, subsidiary, or affiliate.  Also known as Intracompany Transferee visa, this visa may be used not only by already established US companies, but also by start-up, establishing companies petitioning for foreign employees to open and develop a new business in the US.  

L-1 is similar to H-1B in that most L-1 occupations would qualify as professionals under the H-1B category.  However, L-1 has certain advantages over H-1B.  Unlike H-1B, L-1 is not subject to a numerical cap.  Hence, US employers may file L-1 petition anytime.  There is no requirement to comply with the prevailing wage requirement applicable to H-1B, allowing the petitioner and the intracompany transferee to freely negotiate the salary.  Further, the L-2 spouse is eligible to work in the US during the validity of the L-2 visa, a benefit that is not available to the dependent spouse of an H-1B.  

L-1 may also be an alternative visa to Traders (E-1)/Investors (E-2) visa.  A foreign national operating a business abroad may opt to apply for L-1 instead of E-1/E-2 if there is no treaty between US and his home country or if he is unable to meet the substantial investment requirement, but qualifies as a manager, executive or a person with specialized knowledge or skills and meets the other requirements of L-1 visa.  

With the right documentation and presentation, it is not difficult to obtain an L-1 visa.  A petition must be filed with the USCIS using the prescribed form and paying the prescribed filing fees. The petitioner must be a US or foreign firm, corporation, or other legal entity doing business as an employer in the US and in at least one other country, as a parent, branch, affiliate or subsidiary.  The foreign company must have been in operation for at least one year and must remain in operation at all times during the validity of the L-1 visa.  

The law requires that the intracompany transferee has worked for the foreign entity for 1 continuous year within the preceding 3 years prior to the filing of the petition.  This requirement limits the visa to existing foreign employees of the petitioning US employer or its parent, subsidiary, branch or affiliate abroad.