Changes To L-1 Intracompany Transferee Visas: DOS Will Issue Them For Full Validity Based On Reciprocity Schedule

The Department of State (DOS) published a rule in the Federal Register on Tuesday, February 14, 2012, permitting the issuance of L visas, for intracompany transferees, with validity periods based on the visa reciprocity schedule. Previously, L visas were limited to the validity of the L-1 petition approved by USCIS.

This rule will allow L visas to be issued for up to five years based on visa reciprocity. Although this may facilitate intracompany transfers, it also will result in confusion.

The L-1 Visa Process:

In order to work in the U.S. as an international transferee, the U.S. employer must first submit a Form I-129 petition to USCIS at a Service Center in the U.S. In that petition, the employer outlines the foreign national employee's service to a parent, affiliate, or subsidiary abroad for at least one year in an executive, managerial or specialized knowledge position. Further, the U.S. employer must demonstrate that the employee will be coming to the U.S.