Intracompany Transferee Visa (L-1)

This is the most central requirement. There must be a parent, subsidiary, branch, or affiliate relationship between the sending company (the Korean head office) and the receiving company (the U.S. corporation).

The parent company must own at least 50% of the U.S. corporation's shares, and the following materials are generally needed to prove this.

• An ownership structure chart (Org Chart) of the Korean head office and the U.S. corporation
• Corporate registration certificate, business registration certificate, tax payment certificate, and the like
• Minutes of the shareholders' meeting, board resolutions, and the like showing the control relationship between the two companies
• The business registration certificate and corporate tax filings of a U.S. corporation that is actually in operation

In addition, the receiving corporation in the United States must be operating as a substantive business entity.

In particular, even a newly established corporation must prepare materials proving its substance, such as the existence of an actual place of business (virtual offices are mostly not recognized), a business plan, an office lease agreement, and transaction contracts.

The transferee must have worked substantively at the Korean head office or a related company for at least 1 year within the 3 years immediately preceding the U.S. transfer.

The work performed in Korea before the transfer must be substantive, and merely nominal employment is not recognized.

Actual employment can be proven through salary records, employment contracts, certificates of enrollment in the four major insurances, and similar documents.

A transferee who is to receive the intracompany transferee visa must fall under one of the following.

An L-1A executive/manager must hold a position with corporate decision-making authority and authority to manage employees, and must have the ability to manage an organizational department, business unit, or staff.

A mere on-site supervisor or middle manager is likely to be denied.

The specialized knowledge (Specialized Knowledge) for L-1B must be at a level where the holder understands, and can apply and transfer, special knowledge that is not general job knowledge, such as the organization's products and services, research equipment, technology and management or interests, and how the company applies them to the global market.

When a Korean company establishes a branch in the United States for the first time and makes a transfer, it must meet the new office requirements (New Office Petition).

• An office lease agreement and commercial real estate evidence are required
• Establish business targets and a financial plan for at least the first 1 year
• Set up an organizational structure in which the transferee can actually perform an executive/managerial role (including a plan to hire local employees)

A holder of the intracompany transferee visa may bring a spouse and unmarried children under 21 to enter together.

In this case, the spouse and children may enter on the L-2 nonimmigrant visa, and upon approval they are granted the same period of stay as the employee.

If the spouse applies for separate work authorization (EAD), the spouse may work lawfully in the United States.

Children, however, may attend school but cannot work.

Among intracompany transferee visas, the L-1A is initially valid for 3 years (1 year for a new company), after which extensions may be requested in 2-year increments, so that a stay of up to 7 years is permitted.

The L-1B, however, may be extended for up to 5 years.

The same requirements must be met again at the time of extension. For a new company in particular, sales records, tax filings, and employment status are central considerations at the first extension.

The intracompany transferee visa (L-1) is a key tool for Korean companies to enter the U.S. market on a stable footing and to expand their business through long-term transferees.

If you are considering not only the assignment of employees but also establishing a local company, deploying personnel, bringing family members, and converting to permanent residency, it is advisable to prepare with a professional from the earliest stage.

Carefully proving the substance of the company, logically structuring the consistency of the job role, and clearly linking the corporate structures of Korea and the United States are central factors that can affect the approval of the intracompany transferee visa.

We recommend that you prepare step by step, together with an experienced immigration attorney, through application preparation, interview procedure simulations, and similar measures.

This firm assists with issuance of the intracompany transferee visa (L-1) through a task force of professionals related to immigration, including foreign attorneys advising on U.S. law (U.S.) and attorneys holding U.S. CPA credentials.