L-1, Intercompany Transferees

The L1 category applies to aliens who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either 1) in a managerial or executive capacity (L-1A) or 2) which entail specialized knowledge (L-1B) for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad.

The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify.

Terms/Admission: If new office, can initially only be approved for one year but can be extended.  Otherwise, the petition is approved for 3 years with a 7-year maximum for L1A and 5 –year maximum for L1B.

Dependents (spouses and unmarried children under 21 years of age) of L-1 workers are entitled to L-2 status with the same restrictions as the principal. Dependents may be students in the U.S. while remaining in L2 status. Dependent spouses may apply for work authorization.

If an L-1A subsequently seeks Legal Permanent Residence (LPR) status he may apply through EB-1 without the need for a labor certification.  A person of specialized knowledge, however, will need a labor certification to obtain LPR status.