A nonimmigrant visa is needed to work temporarily in the United States. Several types of visas are available for this purpose. One type of temporary worker recognized by U.S. law is an intracompany transferee, designated as an "L" visa.
U.S. law contains a presumption that aliens entering the U.S. intend to migrate permanently to this country. As a result, before an "L" visa will be issued, the alien who wishes to work in the U.S. must show that his or her stay will be temporary in nature and that he or she does not intend to stay permanently in the country. This can be a tricky determination, particularly when an alien is pursuing lawful permanent resident (LPR) status while working temporarily in the U.S. At least on some level, seeking LPR status would seem to be inconsistent with an intention to stay only temporarily in the country.
Temporariness and Intent
In the late 1980s, federal regulations were first promulgated that set caps on how long "L" visa holders could remain in the U.S. Shortly thereafter, federal legislation passed by Congress provided an explicit exception to the immigrant presumption for "L" visas. In other words, an alien could then legitimately seek LPR status without jeopardizing his or her application for an "L" visa or his or her status as an "L" visa holder. No longer was a petition for LPR status viewed as intent to abandon an alien's foreign residence.
Now, the length of time an "L" visa holder may stay in the U.S. as a temporary worker depends upon the nature of his or her work. Managers and executives may stay up to seven years, and nonimmigrants with specialized knowledge may stay up to five years. Both types of "L" visa holders are initially admitted for three years or until their petitions are no longer valid. They may request and receive extensions in increments of up to two years until their statutory caps are met.
Exceptions
There are two exceptions to the statutory caps on "L" visa holder stays in the U.S., relating to foreign-based executives and part-time workers. First, company executives who are based in other countries but must do hands-on management in the U.S. for extended periods may qualify for the first exception. These aliens may not reside in the U.S. Also, their employment must be limited in nature, either because it is seasonal, intermittent, or cumulated, lasts less than six months per year.
Second, aliens who live outside the U.S. but who commute into the U.S. to perform part-time work may qualify for the second exception. If they reside in the U.S., however, they should apply for LPR status. Similarly, if they work full time in the U.S., they should apply for commuter status.
Copyright 2006 LexisNexis, a division of Reed Elsevier Inc.
