Transferring a Intracompany Employee from Overseas to the US

If your company is looking to transfer an employee to the United States on a temporary assignment, an L visa may be the way to go. Here are the important provisions for obtaining an L visa:

1. The worker must have worked abroad for your company for at least one year within the preceding three years;
2. The foreign and the US company must be part of the same "qualifying organization';
3. The worker must have worked in either a management capacity, executive capacity or have specialized knowledge;
4. The worker must come to the United States for a temporary period.

The L category has two parts: L-1 for the employee who wishes to transfer and L-2 for the transferee.  Be aware that the family member accompanying the employee  cannot get employment authorization through an L-2.

Here are the procedures for obtaining an L-1visa:

1. The US employer must file a petition to classify the employee has a temporary worker.  The petition requires evidence that your company is a "qualifying organization" and specific information about the worker.
2. Additional evidence is needed if the worker is needed to open a new office.
3. Be aware that there are special rules under NAFTA.