Working in the U.S.

Intra - Company Transfers

Section 101(a)(15)(L) of the Immigration and Nationality Act authorizes nonimmigrant status for certain employees of international firms or institutions who are being transferred to a branch or home office of such firm in the United States.

To be eligible for classification as an intra-company transferee the employee must:

• Be in a managerial or executive level position; or,
• Have specialized knowledge required for the position he is to undertake in the United States.
• Have been employed by the same firm (or an affiliate or subsidiary thereof) for at least one year immediately preceding the application for such a visa. The alien spouse and minor children of any alien classified as an intra-company transferee are accorded the same status if accompanying or following to join the principle applicant.

In order for an alien to acquire this classification (L visa), the following is required:

• The employer must file a petition on Form I-129B (Petition to Classify Nonimmigrant as a Temporary Worker or Trainee) with the Immigration and Naturalization office having jurisdiction over the area in which the services will be performed.
• This petition must be executed in duplicate and must include a statement from the employer describing the capacity in which the alien was employed and a description of the nature of the specialized knowledge which makes the alien's services necessary in the United States.

A processing fee will be applicable when filing the petition.