The L-1 Visa is available to Intra-company Transferees who have been employed outside of the United States for at least one of the prior three years. This foreign corporation must have a U.S. affiliate; the affiliate petitions for the transfer of the employee through L-1 visa status. Pursuant to the Immigration Act of 1990, "L" visa holders are exempted from the requirement of having to establish their continued non-immigrant intent, greatly smoothing the progress of the transition to an immigrant employment based visa, leading to a "green card". L-1 visas are available to transfer executives, managers, or employees with specialized knowledge and their families.

The applicant must meet the statutory requirements found in section 101(a)(15)(L) of the Immigration and Nationality Acts, which define a qualified alien as: a person who has worked abroad for one continuous year within the preceding three years in an executive, managerial, or specialized knowledge capacity for a qualifying, related business entity and who is being transferred temporarily to work in the United States to work in a executive, managerial, or specialized knowledge capacity for a qualifying related business entity.

Three positions - a manager, an executive, and a person with specialized knowledge - are usually considered employable by the INS, providing the U.S. employer, called the petitioner, can meet the obligations of a qualifying organization.

By working for a qualifying organization abroad for an entire year during the preceding three years, an alien can achieve the status of an L-1 intra-company transfer visa, which carries with it a nonimmigrant classification. There are four business entities in the United States that can offer employment to the alien - a parent company, a branch, a subsidiary, or an affiliate. Only if these entities are able to offer full proof that they meet the definition of a "qualifying organization" will the alien be granted temporary, nonimmigrant work status in the U.S. by the Immigration and Naturalization Service (INS).

There are four tests to determine if the U.S. and foreign entities are of the same qualifying organization: first, that business is executed in the U.S. during the entire stay of the L-1 Visa recipient; second, that business is transacted in another country while the L-1 Visa recipient is working in the U.S.; third, that there is more than just an agent's office in either the U.S. or abroad; fourth, that there is evidence of a systematic and continuous flow of goods or services within the context of a structured business with a business plan.

The qualifying organization must prove that the alien has worked abroad with a qualifying organization for one whole year during the preceding three years as a manager, executive or person with specialized knowledge. The L-1 Visa is a nonimmigrant, temporary visa, enabling the worker to work in the United States for up to seven years.

The petitioning company sponsors the employee for an L-1 visa for temporary employment in the US, but the employee's spouse and dependent minors will receive an L-2 Visa, which will not allow them to work in the U.S. However, if the spouse and the minor dependent can get a change from the L-2 status, they can work.

The filing of Form L-129 and the special L supplement that accompanies Form L-129 is the first requirement to be sent directly to the INS Service Center in the same jurisdiction as the place of employment. By filing Form L-129, the petitioner is applying for a temporary, nonimmigrant work visa that will authorize the employee, the right to work in the United States.

It should show that the prior education and training make the applicant of significantly greater value to the national labor pool than the hiring of a U.S. citizen.

A letter from the U.S. employer describing both the applicant's prior duties abroad and the duties to be performed in the U.S. will be necessary for the INS to rule that this position may not be filled by a U.S. national. This letter must also prove that both entities are themselves meeting the guidelines of a qualifying organization. Letters must be submitted by both the foreign and U.S. entities, confirming that the applicant has met the one-year in three years requirement.

All L-1 Visas are prepared for non-immigrants to work in the U.S. for a temporary period of time, the length of time coordinated with the visa classification. The employee can stay in the United States for five years if he or she is an employee with specialized knowledge or seven years if he or she is an executive or a manager.

Once approved, a petition will display an expiration date of three years from the time of approval. Being authorized for an initial three-year period implies a two-year renewal for employees with specialized knowledge, and 2 two-year renewals for executives and managers.