Corporate transfer immigration, or “Intracompany Transfer”, is an immigration process based on the transfer of an employee from a non-U.S. company to an existing branch within the U.S. It is a non-immigrant visa designation, meaning that the foreign national’s stay in the U.S. will only be temporary (for the purpose of work and not for settling or relocating in the U.S.).
Corporate transfer immigration cases are usually filed under the L-1 Intracompany Transfer visa category. There are two sub-categories of L-1 visas: L-1A for Transferee Executives or Managers, and L-1B for Transferee Employees with Specialized Knowledge.
L-1 visas are generally valid for 3-7 years. They aren’t subject to any quotas (yearly limits on the number issued), and are available for both small and large businesses.
What are the Requirements for Corporate Transfer Visas?
L-1 visas for corporate transfer are subject to very strict requirements. For both A and B subcategories, the general requirements are:
- The foreign national must have a legitimate, qualifying work relationship with the foreign company (the “qualifying organization”, i.e., the parent company, affiliate, subsidiary, or branch)
- The foreign national must be doing business (either as an employer, manager, or employee with special skill) in the U.S. through the qualifying organization throughout their stay in the U.S. under the L-1 visa
While the qualifying business organization needs to be active and viable, there is no immigration requirement that the business itself be engaged in trade of an international designation. If the business closes or otherwise ceases operations in the U.S., the visa holder may be required to forfeit their non-immigrant status and vacate the country.
Lastly, for the L-1 A and B subcategories, there are specific definitions for key terms such as “Executive”, “Manager”, and “Employee with Specialized Knowledge”. These are defined in a very specific manner and are enforced very strictly. This means the applicant may require the assistance of an attorney to determine whether they qualify under these specific definitions.
Is Corporate Transfer Immigration the Same as for a Regular H-1 Visa?
No, H-1B visas are generally reserved more for employees with a general skill base, and have different requirements. For example, H-1 visas may require labor certification on the part of the employer that is petitioning the foreign worker. It may also be associated with different compensation levels that need to be met. On the other hand, L-1 visas don’t have these requirements and, instead, focus on the relationship between the foreign national and the qualifying business organization.
What Does Immigration and Customs Enforcement (ICE) Do?
Immigration and Customs Enforcement, also referred to as ICE, is the enforcement branch of the Department of Homeland Security (DHS). ICE is tasked with investigating a wide variety of criminal offenses, which can include, but may not be limited to:
- Human trafficking
- Drug smuggling
- Money laundering
- Child pornography
- Bomb threats
- Passport fraud
- Gun smuggling
- Other offenses
ICE has the authority to detain those individuals suspected of being terrorists, human traffickers, or illegal immigrants. ICE is also permitted to arrest people when they are suspected of violating immigration laws.
ICE is allowed to hold a suspect for up to 48 hours without having a warrant. If an emergency situation does come up, the individual can be detained for longer. After 48 hours, ICE has to let the detained person go or start the process of deportation.
If a person is held in local criminal custody and ICE has a detainer on them, that person may be transferred to federal immigration custody even after they have posted a state court bond of $1,500 or more. This can result in someone being taken into custody by ICE even after they have paid their local criminal bond.
The person detained by ICE will be able to challenge their detention by showing they are not included in any group ICE has the authority to detain. There can be additional legal complications that can extend someone’s detainment by ICE for a very long period of time.
There are some times when the person who is detained, for whatever reason, cannot go back to their country of origin. This means that their detention will be indefinite. If this occurs, the detainee will be able to ask for a writ of habeas corpus, which challenges their detainment in court.
It is also important to note that there are various differences between criminal cases and immigration cases. One major variance is that the Miranda warnings that apply in criminal proceedings are typically not required in immigration arrests because immigration processes are civil and not criminal in nature.
There are, however, certain rights that detainees have that are similar criminal defendants, including the right to remain silent. This means, if an ICE agency asks about the person’s immigration status or if they can conduct a search, the suspect is allowed to say they want to remain silent and they do not consent.
These rights come from case laws holding that they are granted under the Fourth and Fifth Amendments, even in immigration contexts. It is also essential to have an attorney review any ICE documents before signing them.
What Immigration Laws May Apply to Corporate Transfer Immigration Issues?
A variety of immigration laws can apply to corporate transfer immigration issues. Some of these laws have been in force for many years, some are newer, and new ones are introduced each year.
The Immigration and Nationality Act (INA) is a broad immigration law that will apply to that majority of immigration issues, likely including corporate transfer immigration issues. There are additional immigration laws as well as executive orders that may apply to an immigration issue.
Because there are so many laws that may apply, the possibility of them being updated at various times, especially with changes in presidential administrations, and the many deadlines and requirements involved in immigration proceedings, having legal representation is essential.
It can be helpful to be familiar with some executive orders that may apply to immigration issues, which are discussed below.
- Executive Order Realigning the United States Refugee Admissions Program (USRAP)
- Places limits on how individuals are allowed to apply to enter the United States
- Individuals can apply on a case-by-case basis
- Suspended awaiting further evaluation
- Executive Order Guaranteeing the States Protections Against Invasion
- Individuals cannot enter the United States at the southern borders
- The Secretary of State and the Department of Homeland Security (DHS) can admit applicants on a case-by-case basis
- Executive Order Protecting the Meaning and Value of American Citizenship
- Birthright citizenship is terminated
- Babies born in the U.S. are no longer given automatic citizenship
- Although this term may be considered controversial, this may also be referred to as anchor baby status, as it can allow other members of a family to become citizens
- One of the baby’s parents must be a permanent resident of the U.S. or a citizen for the child to be given birthright citizenship
- If the parents of the baby are in the U.S. on a temporary visa, the baby will not be given birthright citizenship
- Not in force because of an injunction
- Executive Order Protecting the American People Against Invasion
- Expands the use of expedited removal for immigration cases
- Information and policies are provided about:
- enforcing deportation and removal
- enforcing illegal entry
- unlawful presence in the United States
- Not in force because of an injunction
All immigration laws, including the executive orders discussed above, may directly affect a corporate transfer immigration issue. It is essential to be aware that all immigration laws are subject to updating, so having an attorney handle any type of corporate transfer immigration issue is very important.
What Types of Evidence May Be Required In Court for a Corporate Transfer Immigration Issue?
There are various types of evidence that may be necessary for a corporate transfer immigration issue, or any other type of immigration issue. Having the correct documents will help establish credibility as well as validate the claims made in the case.
Examples of the common categories of evidence that are required in immigration cases include, but may not be limited to:
- Personal Identification:
- birth certificates
- marriage certificates
- government-issued IDs that are used to establish identity and connections
- Proof of Physical Presence:
- lease agreements
- employment records
- utility bills that show residence in the U.S. for a specified period
- Proof of Good Moral Character:
- criminal background checks
- letters of recommendation
- certifications of community service
- Proof of Family Ties:
- birth certificates of children born in the country
- marriage certificates
- Evidence of Hardship:
Other categories of documents and evidence may also be necessary, depending on the facts and circumstances of the case or situation. Because of the potential need for various types of evidence, and the need to protect the rights of the immigrant, it is very important to have a lawyer handle any immigration issue.
Do I Need an Immigration Lawyer for Help With Corporate Transfer Immigration Laws?
Corporate transfer immigration is a highly specific area of immigration law. You may wish to hire a qualified immigration lawyer in your area if you need help understanding how L-1 visas work. Whether as an employer or employee, working with an attorney may be necessary to ensure that the visa application is met fully, and that you won’t experience any delays during the process. Also, an attorney can provide legal representation in the event that you need to make an appearance before an immigration judge.
You can use LegalMatch today to quickly find an immigration lawyer in your area who can help with your corporate transfer immigration issue. The lawyer-client matching services provided by LegalMatch are free to use.
After you complete the online process, you will be matched with licensed and prescreened lawyers near you who have experience handling corporate transfer immigration cases and can help you resolve your issue or concern. It is essential to have a lawyer handle your immigration case so your rights are protected and your case is handled according to immigration requirements and deadlines.
