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Basic requirements of the L-1 visa 

 

Question:

What are the basic requirements for a L visa?


Answer:
   

The following requirements apply to all petitions filed for L classification:  

  1. There must be a qualifying relationship between the business entity in the United States and the foreign operation that employs the alien abroad. 

  2. For the duration of the alien's stay in the United States as an intracompany transferee, the petitioner must continue to do business both in the United States and in at least one other country, either directly or through a parent, branch, subsidiary, or affiliate. 

  3. The alien must have been employed abroad continuously by the foreign operation for the immediate prior year. Although authorized periods of stay in the United States for the foreign employer are not interruptive of the immediate prior year of employment, such periods may not be counted towards the qualifying year of employment abroad. 

  4. The alien's prior year of employment abroad must have been in a managerial, executive, or specialized knowledge capacity. The prospective employment in the United States must also be in a managerial, executive, or specialized knowledge capacity. However, the alien does not have to be transferred to the United States in the same capacity in which he or she was employed abroad. For example, a manager abroad could be transferred to the United States in a specialized knowledge capacity or vice versa. 

  5. The petitioner and the alien must have the intent for the alien to come to the United States for a temporary period and return abroad at the end of the authorized stay, unless the alien becomes a permanent resident of the United States during the authorized stay. The L classification may not be used for the principal purpose of circumventing the wait for a preference visa number.

 

   
   

 

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