L-1 visas are available to employees of an international company with offices in both the United States and abroad. The petitioning company may be a corporation, charity (or other non-profit organization), or a religious organization. Other types of qualifying entities may also be permitted. The employer must be doing business as an employer in the US and in at least one foreign country. This means they are actively and continually delivering goods or services, simply having an office does not qualify.
The employee must have completed a minimum of one year’s continuous employment for the company outside of the US within the three years immediately prior to the application. Any time spent working in the United States will not count towards the twelve months.
The US and non-US employers must be related in one of four ways: parent and subsidiary; branch and headquarters; sister companies owned by a mutual parent; or “affiliates” owned by the same or people in approximately the same percentages.
Spouses of L-1 visa holders are allowed to work without restriction in the US using an L-2 Visa . The L-1 visa may legally be used as a stepping stone to a green card under the doctrine of “dual intent”.
After the first year in the U.S., the individual must show operations have grown to the point where a Manager/Executive/ Specialized Knowledge employee is required.
