Intracompany Transferee

Do you want to bring an employee who has worked at your company abroad to work in your company in the United States? Then this program may be for you.

The employee must have worked at a parent, branch, affiliate, or subsidiary company abroad within three years preceding their application for admission to the United States, and have been employed continuously for one year. There are certain requirements for the employees as detailed below.

L-1A Managerial or Executive Capacity

There are certain requirements which must be met in order for the employee to qualify:

The employee must have been a manager, executive, or have worked in a capacity in which they gained specialized knowledge abroad.
For an L-1A, the position in the United States is either managerial or executive.
- A managerial position manages the organization, a department, a subdivision, a function of the company, or a component of the company. The employee will supervise and control the work of other, higher-level employees, or manage a function or department of the business. The manager will have authority to hire and fire or recommend personnel actions and exercise discretion over day-to-day operations.
- An executive position directs the management of the organization or a major component or function. They will establish goals and policies, have discretionary decision making authority, and receive only general supervision from high-level executives, directors, or stockholders.

L-1B Specialized Knowledge Capacity

There are certain requirements which must be met in order for the employee to qualify:

The employee must have been a manager, executive, or have worked in a capacity in which they gained specialized knowledge abroad.
For an L-1B, the position in the United States requires specialized knowledge.
- This includes knowledge of how the petitioning organization manufactures, produces, or develops its product, services, research, equipment, techniques, management, or other interests.
- The knowledge is distinct or uncommon in comparison to the knowledge of other similarly employed workers in the particular industry. It does not have to be proprietary knowledge.

This knowledge can be regarding foreign operating conditions of significant value to the employer; assignments that have significantly enhanced the employer's productivity and competitiveness; knowledge gained only through prior experience with the employer; knowledge of products or processes which cannot be easily transferred or taught to another without significant cost or inconvenience; knowledge of a product or process that is sophisticated, complex, or highly technical in nature; and knowledge that is beneficial to the employer's competitiveness in the marketplace.

Steps

01 FILE PETITION FOR INTRACOMPANY TRANSFEREE WITH USCIS

02 IF ABROAD, WORKER APPLIES FOR VISA AT CONSULATE

03 INTRACOMPANY TRANSFEREE ALLOWED TO WORK FOR UP TO THREE YEARS INITIALLY

Overview of the Process

The employer will submit a petition for the intracompany transferee with United States Citizenship and Immigration Services showing the relationship between the company abroad and in the United States, as well as how the transferee qualifies for the position. Once the petition is approved, if the transferee is abroad, the transferee will make an appointment at the consulate for an interview for the visa. Each consulate varies in their procedure for appointments and interviews. Once the transferee receives his or her visa, they may enter the United States to perform work for their employer. The intracompany transferee may be admitted for a period of up to three years on an initial petition with a maximum length of stay that varies depending on their position. In addition, the transferee's spouse and unmarried children under 21 years of age may be able to come to the United States with the transferee, and the spouse of the intracompany transferee may be able to obtain work authorization.

If you would like more information about this program, please contact us for a consultation today.