L-1 Visa for Irish Companies Transferring Employees to the US

Your Irish company has decided that someone needs to be in the United States.

 

It may be a managing director taking responsibility for a new U.S. operation, an executive moving after an acquisition, or an employee with company-specific knowledge needed by the American business.

 

The next question is whether the company structure, employee history and proposed U.S. role support an L-1 transfer.

 

The L-1 visa allows qualifying multinational businesses to transfer certain executives, managers and employees with specialised knowledge from an overseas organisation to a related U.S. organisation.

 

Flynn Hodkinson advises Irish companies, HR teams and employees on L-1A and L-1B transfers, including new U.S. office cases.

 

Discuss an employee transfer

The L-1 Transfer visa is a visa category for executives, managers and other employees who are being transferred to an office in the US from a related office outside the US. The employee being transferred must have been working for the foreign company for at least one year within the last three years prior to the transfer. In addition, the employee must have worked in an executive, managerial or specialised knowledge position and be destined to be employed in the US in a similar capacity.

There are two sub-categories under the L-1 Transfer category:

  1. L-1A for Executives or Managers. An L-1A Executive or Manager visa holder can have this visa status for up to seven years.
  2. L-1B for those with Specialized Knowledge. Employees who will be working in positions that require specialized knowledge of the company’s product, service, research, equipment, techniques, management or other interests and its application in international markets can have this visa status for up to five years.

Procedures for Applying for the L-1 Transfer Visa

The L-1 Transfer visa is a two-step process. First, the company must file a petition with the US Citizenship & Immigration Services (“USCIS”). Once the petition is approved the employee may then apply for an L visa at a US Embassy or Consulate outside the United States.

If a company has opened a new US office within the last year, there are additional requirements such as providing evidence of physical office premises and a business plan. An L-1 visa for a new office transfer will generally be issued for only one year initially.

An L-1 Transfer visa petition may be filed with a request for Premium Processing and the petitioner must pay an additional Premium Processing fee in order to guarantee that the petition will be reviewed within 15 days. If the USCIS requests additional documents after the initial review of the petition, then the 15 day processing time will start again once the additional documents are submitted to the USCIS.

L-1 Spouses and Children

Family members including a spouse and any children under the age of 21 may apply for an L-2 visa in order to accompany the L-1 Transfer visa holder to the US.

Spouses of L-1 Transfer visa holders who enter the US on an L-2 visa may apply for an Employment Authorization Document (“EAD”) which will allow him or her to work for any employer in the US. The application for an EAD may only be submitted after entry is made into the US and usually takes several months for the EAD to be issued. Children in L-2 status are not eligible to apply for an EAD.

Frequently Asked Questions

1. Can an Irish company transfer an employee to the US?

Potentially.

The Irish and US organisations must have a qualifying relationship, and the employee must satisfy the relevant employment and role requirements.

The company does not qualify for L-1 simply because it has operations in both countries.

2. Does the employee need to be an Irish citizen?

No.

Unlike the E-1 and E-2 treaty categories, L-1 eligibility is not based on Irish nationality.

The focus is on the corporate relationship, qualifying overseas employment and proposed US role.

3. Does the employee need to work for the Irish company for exactly one year?

The employee generally needs at least one continuous year of qualifying full-time employment abroad with the petitioning organisation or a qualifying related organisation during the applicable three-year period.

The timing should be reviewed carefully before filing.

4. Does the employee have to do the same job in the US?

Not necessarily.

For many L-1 cases, the overseas and US qualifying capacities do not have to be identical. The employee must, however, meet the applicable requirements for the US classification being requested.

Special rules apply to L-1A new-office cases.

5. Can a newly formed US subsidiary sponsor an L-1A?

Potentially.

The L-1 new-office provisions exist specifically for qualifying businesses establishing new US operations.

The company must still satisfy the new-office requirements and show that the operation will support the required managerial or executive role within one year.

6. Does a new US office need employees before the L-1A is approved?

Not necessarily.

A new-office executive or manager may initially be more involved in launching the business.

The company must, however, show a credible organisational and staffing plan demonstrating that the operation will support a primarily executive or managerial role within the required first-year period.

7. Can an Irish company use L-1 after buying a US company?

Potentially.

The post-acquisition ownership and control must establish a qualifying corporate relationship, and the proposed transferee must independently satisfy the L-1 requirements.

Immigration should therefore be considered as part of acquisition planning rather than only after closing.

8. Is L-1A better than E-2?

Neither category is universally better.

L-1A and E-2 have different requirements involving corporate structure, ownership, investment, employment history and the proposed role.

The appropriate route depends on the company’s facts and longer-term US plans.

9. Does L-1 require a university degree?

No general university-degree requirement applies to L-1 classification.

Eligibility focuses on the qualifying corporate relationship, overseas employment and the employee’s executive, managerial or specialised-knowledge role.

10. Can an L-1 spouse work in the United States?

Yes, a qualifying L-2 spouse in employment-authorised L-2S status is authorised to work incident to status.

11. How long does an L-1 petition take?

Processing times vary.

Premium processing is available for qualifying L-1 petitions and currently requires USCIS to take specified adjudicative action within 15 business days.

The later visa application and interview stage has its own timing and is not covered by the USCIS premium-processing timeframe.

12. Does an L-1 visa lead to permanent residence?

Not automatically.

Some L-1A executives and managers may later qualify for EB-1C multinational executive or manager permanent residence. Other L-1 employees may qualify through different immigrant categories.

Each permanent-residence route requires a separate assessment.

Do you need the help of a US immigration lawyer?

Please schedule a call to initially discuss your situation with one of our lawyers

and possibly book a consultation with a US visa and nationality lawyer.