L1 visa Intra-company Transferee - Executive, Manager

The L-1Visa is a non immigration entry permit on United States of America. It enables the
overseas companies to transfer their key personnel to their US based branches, associate organizations
or parent establishments. The relocation may be to either enable better management of the local
establishments of the foreign concerns in the country; to train local workers in skills deemed vital for
functioning of the foreign company; or to establish a new office for a company not yet having its business
establishment in the country.
This option is by far a very convenient facility for overseas companies as they do not need to
apply and reapply for the entry and temporary residence permit again and again, i.e. in general category
business entry permissions (temporary), the overseas companies can only get permission only once and
that too only for a very short tenure. This poses a very serious hurdle in way of smooth operations.
But the L1Visa Allows Intracompany Transferee Executive Or Manager to be in the country for a
period of up to 7 years in total, i.e. the initial tenure of permitted residence is usually 2 years for
companies already having their formal business addresses in the country, while the validity of residence
tenure on first grant is one year for the companies intending to establish their first office in the country.
The companies and the beneficiaries can later apply for and obtain subsequent extensions of 2 years on
every renewal up to a cumulative tenure of 7 years.
To qualify for L-1Visa, Transferee Managers and Executives being transferred to the USA must
meet certain criteria, like they must be in continuous employment, of the company relocating them, for a
minimum period of at least one year in last 3 years immediately preceding the date of submission of
application, i.e. the employee who has worked for less than one year must complete one year before
being able to apply for shifting. Besides this, the employee must also be either working at the managerial
or executive level; or must be having specialist knowledge about the primary business functions of their
foreign employers. Furthermore, after being transferred to the US, the employees must carry out functions
at the similar level and capacities, i.e. be involved in productive employment. The employees being
relocated to the US may not necessarily work full time in this country, i.e. they can work in the USA, as
well as their primary locations (overseas office) as per their requirements
The intra-organizational migration arrangement cover allows the recipients to also include their
families, including spouses and children under 21 years of age, in the applications (though separate
requests for L2 permits), i.e. in case the dependents are in a foreign country, they must pass through the
consulate procedure; and if the dependents are already in the US, they can apply for change in status to
L2 by placing a petition for change of status, i.e. I-539 for obtaining L2 permits. The spouses of the
transferred employees residing under L2 are allowed to apply for and obtain work permits; and the
children can obtain education in country without restrictions. The validity period of the L2 permits is
always at par with tenure of L1 permissions, i.e. the stay of spouse and dependents of the main permit
holders cannot extend beyond the period of residence granted to the L1 Intracompany Transferee
Executives or Managers.
A foreign based company (having offices and in US or intending to establish one) filing for such
intra-organizational transfers must satisfy the US authorities that it would comprehensively support its
relocated employees in every aspect.
Summary
By obtaining L1 visa - Intracompany Transferee - Executive, Manager can split his or her work
between USA based office and his or her primary office in foreign country. The permit holders can also be
accompanied by their spouses and children to the US through L2 permit.