Multi-national companies that wish to transfer "managers", "executives" or employees with "specialized knowledge" of the company's business can do so using an L-1 nonimmigrant visa.

General Requirements

• The foreign national transferring to the U.S. company must have worked in the overseas company in a managerial or executive position, or have specialized knowledge about the company for one in the last three years.
• The foreign national must be coming to the U.S. to fill the same type of position (s)he held in the overseas company.
• The foreign national must have the education and experience to fulfill the duties of his/her position in the U.S.
• The ownership of the overseas company must be appropriately related to the U.S. branch, subsidiary or affiliate.
• The foreign national must have the intent to return to his/her home country after a temporary period in the U.S.

In general, an "executive" or "manager" is someone who is in charge of the whole company, or a significant part of its operations (for example, sales or marketing). A person with "specialized knowledge" is someone who has some special knowledge of or expertise in the petitioning organization's product, service or operations.

The foreign national must be transferred to a new or existing U.S. "branch", "subsidiary" or "affiliate". There are many complicated rules that determine whether a qualifying relationship exists between the overseas company and the U.S. branch, subsidiary or affiliate. Because of this, each case must be examined on a case-by-case basis.

Applications for an individual L-1 visa (i.e., for a single foreign national) are filed with the Immigration and Naturalization Service ("INS") using Form I-129 and "L" Supplement. Petitions are adjudicated in the INS having jurisdiction over the location of the U.S. company. For information on the INS Service Centers, click here. Blanket L-1 petition programs may also be used for certain large corporations.

Canadian citizens wishing to enter the United States on an L-1 visa also use INS Form I-129, but can file it (in duplicate) directly at a Class A port of entry for admittance under the North American Free Trade Agreement ("NAFTA").

An individual L-1 petition may be granted for an initial period of up to three years. Managers and executives may stay in the United States on a L-1A visa for up to seven years. An employee with "specialized knowledge" may stay in the United States on a L-1B visa for up to five years. Spouses and unmarried children (under 21 years old) can enter the United States under an L-2 visa, but are not allowed to work.