Working in the United States on an L Visa

Over 6,000 visas were issued last year to Mexicans transferring to the United States offices of companies for which they previously worked in Mexico.  While many Mexicans are unaware that this visa category exists, these L visa workers, or “intra-company transferees,” are employed in almost every industry you can imagine—from oil and gas exploration to advertising and software development. 

What all of these visa holders have in common is that they have worked full-time for their company outside of the United States for at least one of the past three years.  The United States Congress created the L visa category in 1970 to make it easier for foreign nationals with management, executive and specialized knowledge skills to transfer to the United States to continue working with the same employer.

L visa workers must serve in a managerial, executive, or specialized knowledge capacity while working in the US.  Managerial or executive workers plan, organize, direct, and control an organization’s major functions.  Those with specialized knowledge qualify based on their complex knowledge of a particular process or product.   

Most L visa workers are employed by large international companies with many employees in Mexico and the United States (GM, Microsoft, ThyssenKrupp, etc.); however, some hold positions in smaller companies or help to open new offices in the United States.  Whether the company is large or small, it must demonstrate that it continues to do business both abroad and within the United States.   

The L visa has some unique benefits.  L visa recipients can take their spouses and children up to age twenty-one to the United States to live with them.  Spouses of L visa workers are also permitted to work in the United States, as long as they receive work authorization from U.S. Citizenship and Immigration Services.  Unlike some work visa classes, there is no annual cap on the number of workers who can receive L visas.  The L visa also gives workers some flexibility: while the majority of applicants relocate to work in the U.S. office of their company, some only travel to the United States intermittently, whether for training or to work on special projects. 

The first step in obtaining an L visa is for the prospective employer to file a petition with U.S. Citizenship and Immigration Services (USCIS).  USCIS determines whether the applicant for the visa has the qualifying experience overseas and if the transferring company has the requisite relationship. 

Once that petition has been approved, the applicant can proceed to the Embassy or Consulate in order to apply for the visa.  More information can be found at the web sites below.

Useful web sites:

U.S. Embassy Mexico City: http://mexico.usembassy.gov/eng/evisas_work.html

U.S. Department of State: http://travel.state.gov/visa/temp/types/types_1271.html

U.S. Citizenship and Immigration Services (information for petitioning employers): http://www.uscis.gov/