Non-Immigrant Visas

Intra Company Transfer Visa

In general, persons intending to work in the US must obtain a temporary work permit (approved by the US Citizenship and Immigration Services (USCIS), as indicated on form I-797 or other approved petition) and be in possession of the appropriate visa prior to entering the US.

An L-1 visa is also the appropriate visa classification for an employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States. For example, the head office of IBM wants the district manager at Buenos Aires to work in the Los Angeles office. To qualify, the alien must be at the executive or managerial level, or have specialized knowledge and demonstrate that the company has secured sufficient physical premises to house the new office. The US company is required to file the petition, form I-129, with the USCIS Service Center having jurisdiction over the area of intended employment. In the case of a petition to open an office, the petitioner is the international company. Any questions that you may have concerning this process should be addressed to the appropriate USCIS office in the United States.

The applicant for an L-visa must have been employed with the company in an executive or managerial capacity continuously for one year within the three years preceding the application for a visa and must be in possession of a petition approved by the USCIS. In most cases, the petition will indicate the name of the principal applicant and the period of stay in the US. In many instances, however, the company may provide a "blanket" petition, endorsed by the responsible company official, that can be presented with the application for a visa.

Setting up a business in the US has special requirements. Ask for the information sheet on "treaty investor/trader" or E-visa class.

To work legally in the US, non-residents must first locate an employer or sponsor who files a petition (form I-129) with the USCIS in the US. The petition must be approved before a visa application can be considered. Normally, as evidence of USCIS approval, applicants present the original USCIS notice (usually form I-797). This notice is normally sent to the prospective US employer who then forwards it to the applicant for presentation to the consulate with a visa application. Frequently, employers can arrange for USCIS to cable the consulate a notice that a petition has been approved. The consular officer can use that notice as the basis to process a visa application.

Residency Rules

Applicants must remember that the L-1 visa category does not allow for permanent employment in the US nor does it assure you a permanent residence in the US. These visas allow individuals to live in the US for a designated period and to work only at specific jobs. Dependents will also be able to join the principal worker and to study (but, not to work) during the duration of their stay in the US. Although the period of employment can be several years, the understanding in the L visa category is that the employee and the family will leave the US after the employment contract is completed.

Any non-immigrant visa category, including this work category, is not intended to be used in lieu of the proper immigration visa if applicants plan to live permanently in the US. If applicants are seeking to move permanently to the US and obtain "green cards," they must obtain the information sheet "Immigrating to the US" and follow the instructions provided.