FAQ: What is an Intercompany Transfer?

NOTE: The information provided herein is of a general nature and is not intended to 
apply to any particular set of facts. The information is not intended as legal advise 
and no attorney-client relationship is established with the Law Offices of Edward Lau. 
   
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Ans:

An L-1 visa is obtained in order to transfer a foreign national to the U.S. to work for the U.S. parent, subsidiary, affiliate, or branch office. The basic requirements to obtain an L-1 visa are as follows:

  1. The employee must have completed one continuous year of employment outside of the United States with the overseas company within the proceeding three years before he/she can be transferred to the related U.S. company.
  2. The company abroad must be "the same employer or a subsidiary or affiliate" of the U.S. company.
  3. The "qualifying organization" must be one that is doing business in the United States and one other country during the period of transfer.
  4. The transferred employee must have been employed abroad in an "executive" or managerial" position or a position involving "specialized knowledge."
  5. The transferred employee must be coming to the U.S. to fill an executive, managerial or specialized knowledge position in the U.S.
  6. The employee must be qualified for the position by virtue of his/her prior experience and education.
  7. The employee must intend to depart the U.S. upon completion of his/her authorized stay here in the U.S.


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