Intra- company transfer (l)

IMPORTANT NOTICE FOR APPLICANTS WHO ARE NEITHER COSTA RICAN CITIZENS NOR RESIDENTS

If you wish to apply for an L visa at Embassy San Jose and you are neither a permanent resident nor citizen of Costa Rica, please be aware that it may be more difficult for the consular officer to determine your visa eligibility than were you to apply in your home country.  Please also be advised that any questions or concerns that arise about your qualifications for the visa may result in unforeseen delays.

ABOUT THIS VISA

In general, persons intending to work in the US must obtain a temporary work permit or another approved petition. The US Citizenship and Immigration Services (USCIS) must approve the work permit, as indicated on form I-797. Additionally, applicants must be in possession of the appropriate visa prior to entering the US.

An L-1 visa is the appropriate visa classification for an employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States. For example, the head office of IBM wants the district manager in San Jose to work in the Los Angeles office. To qualify, the alien must be at the executive or managerial level, or have specialized knowledge and demonstrate that the company has secured sufficient physical premises to house the new office. The US company is required to file the petition, form I-129, with the USCIS Service Center having jurisdiction over the area of intended employment. In the case of a petition to open an office, the petitioner is the international company. Any questions that you may have concerning this process should be addressed to the appropriate USCIS office in the United States.

The applicant for an L-1 visa must have been employed with the company in an executive or managerial capacity continuously for one year within the three years preceding the application for a visa and must be in possession of a petition approved by the USCIS. In most cases, the petition will indicate the name of the principal applicant and the period of stay in the US. In many instances, however, the company may provide a "blanket" petition, endorsed by the responsible company official, that can be presented with the application for a visa.

A blanket petition covers multiple applicants but does not list each individual applicant name. Due to heightened security screening of blanket petitions, a non-refundable $500 fraud prevention and detection fee is required for persons applying for L-1 visas under blanket provisions. Each principal applicant must pay this fee at the Embassy on the day of their interview , it can be paid in cash or with international credit card (Visa, MasterCard, Diners, American Express, Discover).  In addition, each applicant must bring three copies of the blanket petition and all accompanying documents to the visa interview.

Setting up a business in the US has special requirements. Ask for the information sheet on "treaty investor/trader" or E-visa class.

To work legally in the US, non-residents must first locate an employer or sponsor who files a petition (form I-129) with the USCIS in the US. The I-129 petition must be approved before a visa application can be considered. Normally, as evidence of USCIS approval, applicants present the original USCIS notice (usually form I-797). This notice is normally sent to the prospective US employer who then forwards it to the applicant for presentation to the consulate with a visa application. Frequently, employers can arrange for USCIS to cable the consulate a notice that a petition has been approved. The consular officer can use that notice as the basis to process a visa application.

Residency Rules

Applicants must remember that the L-1 visa category does not allow for permanent employment in the US nor does it assure you a permanent residence in the US. These visas allow individuals to live in the US for a designated period and to work only at specific jobs. Dependents will also be able to join the principal worker and study (and an L-2 spouse is accompanying an L-1 alien may be able to work) during the duration of their stay in the US. Although the period of employment can be several years, the understanding in the "L" visa category is that the employee and the family will leave the US after the employment contract is completed.

Any nonimmigrant visa category, including this work category, is not intended to be used in lieu of the proper immigration visa if applicants plan to live permanently in the US. If applicants are seeking to move permanently to the US and obtain "green cards," they must obtain the information sheet "Immigrating to the US" and follow the instructions provided.

Do you want to learn more about visa application process and US-VISIT Program? CLICK HERE! 

We take fraud seriously. 
Presenting false documents or making false statements to a Consular Officer can result in a permanent ban from entering the United States. Don’t do it!

Contact Information

If you have any additional questions please contact at consularsanjose@state.gov. Please allow up to 5 business days for a response.

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