US Company Registration and L1 Visas For Intracompanmy Transferees

The following is a brief discussion of American corporations and their involvement in the L1 visa process.

The L1 visa was created to be used by a foreign national working for a multi-national corporation or corporate organization. Typically, these types of workers are referred to as intra-company transferees. In some situations, a company or organization must transfer a highly skilled employee from an office abroad to an office in the United States of America. When this occurs, the corporation usually submits a petition for an L1 visa to the United States Citizenship and Immigration Service (USCIS).

USCIS, according to the processing time frames at the time of this writing, usually takes about 1-2 months to adjudicate an L1 visa petition. In some instances, a Request For Evidence (sometimes referred to by the acronym RFE) is issued. This type of request usually means that the officer adjudicating the petition wishes to receive clarification or further documentation prior to making a final decision in the case.

Assuming an L1 visa petition is approved by an officer at USCIS, the case file is generally forwarded to the Department of State for further processing. Initially, the National Visa Center (NVC) will initiate a security clearance and forward the file to the US Embassy or US Consulate with proper jurisdiction. Once the file arrives at an Embassy or Consulate, the Post usually notifies the beneficiary that the case has been received and an interview appointment can be set.

The L1 visa seeker must then be subjected to an interview which is directed by a Consular Officer. If the Consular Officer finds no reason to deny the application then the visa will be issued shortly after interview. However, if the Officer feels that further evidence is needed, then he or she may issue a 221(g) refusal. This document basically states that the visa application is denied pending further evidence. If the requested evidence or documentation is produced, then the visa will usually be issued shortly thereafter. In a relatively small number of cases, the case may be placed in administrative processing for further review or, if there is reason to suspect some form of fraud or misrepresentation, the officer may feel the need to place the file before the Fraud Prevention Unit to assess whether there are inadmissibility issues in the case.

The L-1 visa is often referred to as a dual intent travel document because those using it to travel to the US are able to maintain the intent to remain in the USA as well as the intention to stay temporarily before predetermined departure. If the bearer of an L1 visa remains in the United States for a long enough period of time, then that individual may be eligible to apply for adjustment of status to Lawful Permanent Residence which is an entirely different process.

Benjamin Hart is an American lawyer and the Managing Director of Integrity Legal (Thailand) Co. Ltd as well as the International Director of White & Hart Ltd.
To contact please call 1-877-231-7533 (US Toll Free), +66 (0)2-266-3698 (Thailand), or +44 203-002-3837 (UK).
Email address: info@integrity-legal.com.
To see related information online please visit: US Company Registration or US LLC.