L-1 Inter-company Transferees

1990 Immigration Act created a new employment-based immigrant preference category for manager and executives who meet the L-1 standard for alien transferees. The maximum duration of stay for L-1A managers and executives is seven years, and five years for L-1B specialized knowledge personnel.

The US employer has to file a petition with the CIS for obtaining permission to transfer a foreign national for a temporary period. If the alien has already in the US in a different nonimmigrant category, change of status petition has to be filed with CIS. L-1 aliens who is qualifying for immigration in this category are exempted from the usual labor certification requirement, and also may seek permanent residence and still obtain L-1 visas, which means L-1alines will no longer experience the difficulties for receiving L-1 visas based on their intention to obtain US permanent residence.

On December 8,2004, FY 2005 Omnibus Appropriations bill has been signed into law by the President Bush, and will be in effect 90 days after the date of enactment. Based on the new regulation, $500 fraud fee will be added to the initial L-1 petition or change of status, and L-1 blanket petitions.

On Aug. 13, 2010, President Obama signed into Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed with USCIS.