L-1 Intracompany Transfer Visa Lawyer in Philadelphia, PA

The L-1 visa allows multinational corporations to leverage their global talent pool by temporarily transferring key personnel to the United States. This visa category is specifically designed for employees who have worked for a qualifying affiliated company abroad and are coming to the U.S. to work in an executive, managerial, or specialized knowledge capacity. Qualifying for this visa involves navigating a complex web of legal requirements set forth by United States Citizenship and Immigration Services (USCIS). Both the petitioning company and the transferring employee must meet stringent criteria, and the supporting documentation must be meticulously prepared and presented.

At Henry & Grogan, our lawyers make the process of transferring essential employees to the Philadelphia area seamless and efficient. We work closely with businesses of all sizes and handle the legal complexities so you can focus on your business objectives. If your company is planning an intracompany transfer, contact the knowledgeable team at Henry & Grogan for an initial consultation and start the L-1 visa process properly.

Types of L-1 Visas

The L-1 visa category is divided into two distinct subcategories, each tailored to a different type of employee who is essential to a company’s U.S. operations. An L-1 visa lawyer in Philadelphia, PA, can determine which classification is most appropriate for your situation.

L-1A Visa for Executives and Managers

The L-1A visa is reserved for individuals who will be working in a managerial or executive capacity in the United States. To qualify as an executive, the employee must primarily be responsible for directing the management of the organization or a major component or function of it. Their duties should involve establishing goals and policies, exercising wide latitude in discretionary decision-making, and receiving only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

To qualify as a manager, the employee must have the primary duty of managing the organization, a department, subdivision, function, or component. They must have the authority to hire and fire or recommend other personnel actions (such as promotion). It is also possible to qualify as a “function manager,” where the employee manages an essential function within the organization at a high level, without necessarily supervising a large number of staff.

L-1B Visa for Employees With Specialized Knowledge

The L-1B visa is for professionals who possess “specialized knowledge,” which is defined as special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets. Alternatively, the special knowledge could be considered an advanced level of expertise in the organization’s processes and procedures.

Because proving specialized knowledge requires extensive and detailed evidence, a skilled intracompany transfer visa attorney is crucial for assembling a compelling petition that effectively demonstrates the unique and essential nature of the employee’s knowledge.

The Eligibility Requirements for an L-1 Visa

To successfully petition for an L-1 visa, both the multinational company and the employee being transferred must satisfy a specific set of rigorous requirements. A failure to meet any one of these criteria can result in the denial of the visa.

Employer Requirements

A Qualifying Relationship: There must be a qualifying corporate relationship between the U.S. entity and the foreign company where the employee has been working. USCIS recognizes several types of relationships: parent/subsidiary (one company owns more than 50% of the other company, branch office (the U.S. and foreign offices are part of the same organization), or affiliate (both the U.S. and foreign companies are owned and controlled by the same third company or group of individuals).
Doing Business in the U.S. and Abroad: The employer must be, or will be, “doing business” in the United States and at least one other country. “Doing business” is defined as the regular, systematic, and continuous provision of goods and/or services.

Employee Requirements

One Year of Prior Continuous Employment: The employee must have been employed full-time by the qualifying foreign entity for at least one continuous year within the three years immediately preceding the visa application. This employment must have taken place outside of the United States.
Qualifying Employment Capacity: The employee’s role at the foreign company, as well as their proposed role at the U.S. company, must be in one of two capacities: Executive or Managerial Capacity (for L-1A visas) or Specialized Knowledge Capacity (for L-1B visas).

The L-1 Visa Application Process

Applying for an L-1 visa involves multiple steps and detailed documentation. Our lawyers at Henry & Grogan walk businesses through each phase so that nothing is overlooked.

Filing Form I-129, Petition for a Nonimmigrant Worker: The U.S. employer must file Form I-129 with the USCIS. This extensive petition must be accompanied by substantial evidence proving the eligibility of both the company and the employee.
Consular Processing or Change of Status: Once the I-129 petition is approved by USCIS, the next step depends on the employee’s physical location. If the employee is outside the United States, they must attend a visa interview at a U.S. embassy or consulate in their home country. If the employee is already in the United States in a different valid nonimmigrant status (e.g., B-1 or H-1B), they may be eligible to apply for a change of status to L-1 without leaving the country.
Extensions: After arriving in the United States and working here for some time, you may need to apply for a visa extension. Please contact our intracompany transfer visa lawyers for assistance with this.

How Long Can You Stay in the U.S. With an L-1 Visa?

The L-1 visa is a temporary, nonimmigrant visa, and as such, it has strict limits on the total period of stay. For employees coming to open a new office, the initial visa is granted for just one year. For all other employees coming to an established office, the initial period of stay is typically up to three years.

L-1 status can be extended in increments of up to two years at a time. However, you must note that L-1A executives and managers have a total period of stay of seven years, and L-1B specialized knowledge employees have a maximum period of stay of five years. Careful planning with an intracompany transfer visa lawyer in Philadelphia, PA, is essential to manage these timelines and explore options for transitioning to permanent residency if desired.

The Benefits of Hiring an L-1 Intracompany Transfer Visa Lawyer

While it is technically possible for a company to file an L-1 petition on its own, the risks of doing so are substantial. The legal standards are high, the evidentiary requirements are burdensome, and the potential for costly mistakes, delays, or outright denials is significant. For these reasons, retaining an experienced employment-based immigration lawyer can provide numerous advantages, including:

Navigating Complex Legal Standards: We possess an in-depth understanding of the specific criteria USCIS uses to evaluate L-1 petitions and can make sure your case is framed in the strongest possible light.
Strategic Petition Preparation: We do more than just fill out forms. We work with you to gather, organize, and present the evidence in a clear, compelling narrative that preemptively addresses potential USCIS concerns.
Minimizing Risk: A poorly prepared petition can result in a Request for Evidence (RFE), which can delay the process by months, or a denial, which can derail your business plans entirely. Our expertise minimizes the likelihood of these adverse outcomes. And in the event they do occur, we can provide support in presenting evidence and filing appeals and motions to reopen.
Long-Term Immigration Strategy: The L-1A visa can be a direct pathway to a green card through the EB-1C category for multinational managers and executives. We can advise you from the very beginning on how to structure the employee’s role and document their responsibilities to pave the way for a successful permanent residency application in the future.

Speak to an L-1 Visa Lawyer in Philadelphia, PA

Successfully navigating the U.S. immigration system is a critical component of your global business strategy. If you’re seeking to protect your investment and ensure a smooth transition for key personnel to Philadelphia, turn to the team at Henry & Grogan for support. We offer personalized consultations to thoroughly assess your company’s needs and your employee’s qualifications. We will help you determine the best path forward for pursuing work in the U.S. and develop a comprehensive strategy tailored to your goals.

To get started, schedule a consultation with an experienced L-1 visa lawyer at Henry & Grogan today!