Friday, August 5, 2011

Who is qualified to petition L-1 Visa- Intracompany Transferee Visa?

General. Under section 101(a)(15)(L) of the Act, Intracompany Transferee Visa (L-1 Visa) allows an alien who, within three years has been employed abroad continuously for one year by a legal entity to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary as a manager or specialized worker. 


The the section of the Act defines qualifying organization as follows:

"Parent" means a firm, corporation, or other legal entity which has subsidiaries.
“Branch" means an operating division or office of the same organization housed in a different location.
“Subsidiary” means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
“Affiliate means” (1)  One of two subsidiaries both of which are owned and controlled by the same parent or individual, or (2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or (3) In the case of a partnership that is organized in the United States to provide accounting services along with managerial and/or consulting services and that markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of the United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.

Any legal entity having above-mentioned relationship with a foreign legal entity is eligible to petition for L1 Visa for Intracompany Transferee.