L1 Visa

What is the L1 Visa?

The L1 Visa is a non-immigrant visa intended for the temporary transfer of foreign workers to US offices of the company they work for. L1 Visas are available to employees of international companies that have branches in both the US and abroad. The L1 Visa also enables foreign companies that do not yet have an office in the US to send employees to the US so that they can establish one.

L1 visas are intended for highly skilled and impactful employees who can make decisions, oversee operations, or provide specialised knowledge. To be eligible for the visa, employees have to have been working for the company for at least one continuous year within the three years preceding their planned admission to the US. The L1 visa is split into two categories, L1-A and L1-B visas.

L-1A Visa – For Executives and Managers

• Executive capacity refers to an employee’s ability to make decisions independently with minimal supervision and guidance.
• Managerial capacity refers to an employee’s ability to oversee the work of others and manage certain aspects of running the company or its department.

L-1B Visa – For Employees with Specialised Knowledge

• Specialised knowledge refers to an employee who possesses a skill set considered essential to operations and is an uncommon industry skill.

If you would like to come to the US to work for a new employer, you should consider applying for one of the employment-based green cards.

Which employees are eligible for the L1 Visa?

The L1 Visa is only available to eligible individuals who hold executive, manager or specialised roles in the company. There are additional requirements. To be eligible to apply for the L1 Visa as an employee:

• You must have been working for the company for at least one year within the past three years
• Your company has agreed to be a sponsor for your application
• You are actively working with your employer both in the US and in your home country
• You are a full-time employee.

How can employers qualify for the L1 Visa?

 To be able to send their employees to the US on the L1 Visa, an employer has to:

• Have a qualifying relationship with a foreign company. That includes branches, subsidiaries, or affiliates
• Have to be currently doing business in the US and in at least one other country
• Have to be able to maintain business activities in the US and abroad for the duration of the employee’s stay in the US.

If an employer seeks to send an employee to the US to establish a new office, they have to be able to prove that:

• They have secured physical premises in the US for the new office
• The employee they intend to send to the US has been employed as an executive or manager for at least one continuous year in the three years preceding the L1 Visa application.
• After it’s established, the US office will support an executive or managerial position within one year of the approval of the L1 Visa.

Who is eligible for the L-1A Visa?

If you are an executive or manager, you should apply for the L-1A Visa. To be eligible for it, you have to meet the following criteria:

• The US company that submits the petition on your behalf has a professional relationship with the foreign business that you work for in your home country
• You currently hold an executive position (able to make decisions independently) or a manager position (able to manage aspects of company operations). This should not change after you are transferred
• You have been working for a foreign company for at least one of the three years preceding your visa application.

The L-1A visa is granted for an initial period of three years, but it can be extended for up to 7 years.

Who is eligible for the L-1B Visa?

The L-1B Visa is intended for employees who have extensive knowledge of the company’s products, services, and operations. To be eligible for the L-1B visa, they must demonstrate that their specialised knowledge is not readily available in the US.

They also have to show that they have specialised knowledge of:

• Products and services that the company offers
• The role and position of the company in international markets
• Procedures that regulate the company’s activities.

The L-1A visa is granted for an initial period of three years but it can be extended to a maximum of five years.

How to apply for the L1 Visa?

The application process for the L1 visa begins with the employer filing Form I-129, Petition for Nonimmigrant Worker. The petition has to be submitted at least 45 days and no more than 6 months before the employee’s planned admission into the US.

The following documents have to be submitted with the petition:

• Evidence that the employee has been working for one of the company’s foreign offices for at least one year
• Evidence that during one year, the employee has been holding an executive or managerial role
• Evidence that after arrival in the US the employee will occupy an executive or managerial position
• A detailed description of what the employee’s duties will be
• Description of the employee’s qualifications
• Proof that the employer has to demonstrate that they will be able to pay the foreign employee’s wages.

After Form I-129 is approved, the employee can continue the application by electronically submitting Form DS-160. After completing it, the employee has to keep the confirmation receipt, as it will be needed during the visa interview.

The next step is to schedule and later attend the interview at a US Embassy or Consulate in the employee’s home country. Typically, the applicant will receive the decision right after the visa interview is finished.

How long is the L1 Visa valid for?

 The duration of your stay in the US on an L1 Visa varies depending on the purpose of your trip.

• If you are coming to the US to establish a new office for your company, your L1 Visa will initially be valid for a maximum of 1 year.
• If you are joining an existing US-based branch of your company, you will be eligible to stay in the US for the initial period of three years.

Extending an L1 Visa

It may be possible to apply to extend your L1 Visa.

• For L-1A employees, extensions can be granted in increments of an additional 2 years, with a maximum limit of 7 years.
• For L-1B employees, the maximum stay after visa extensions is 5 years.

What is the processing time for the L1 Visa?

Most L1 Visa applications are processed within six months. Nevertheless, the waiting time can be longer if the immigration office has a lot of applications to process. Similarly, if there are any mistakes in your application or you fail to include some of the necessary documentation, your L1 Visa might be delayed.

Faster processing with I-907 filing (for non-immigrant worker)

If you need to know the outcome of your application sooner than after six months, you can file an I-907, Request for Premium Service. If your application is successful, it will be processed within 15 calendar days. Premium processing of the L1 Visa is costly, as the I-907 filing fee is $2,805.

Can I bring my dependents to the US on the L1 Visa?

If your application for the L1 Visa is successful, your spouse and unmarried children under the age of 21 might be able to come to the US with you. To join you, they must apply for an L2 Visa. It is a non-immigrant permit intended for the dependents of L-1 visa holders.

Individuals coming to the US on the L2 Visa can seek employment in the US provided that they apply for the Employment Authorization Document (EAD). Once they receive it, they will be issued a Social Security Number, and they will be able to apply for part-time and full-time jobs in any field.

The L2 Visa of your dependents will be valid for as long as your L1 Visa lasts. Depending on their circumstances, they may also be eligible to switch to a different U.S. visa, such as the F1 Student Visa or the H1B Visa.

What is the cost of the L1 Visa?

Processing fees for the L1 Visa might differ depending on your home country and its relationship with the US. Generally the fees are as follows:

• $535.00 for the filing of Form I-129
• $500.00 fee for fraud prevention and detection
• $205.00 for the filing of Form DS-160.

You might also have to pay $2,805 for Premium Processing if your application is urgent.

Other fees, like translation services (if needed), medical tests and legal fees could also be involved in an L1 Visa application. This could include the cost for an immigration attorney’s assistance with your application. While hiring an immigration lawyer is optional, it is highly recommended. Getting expert advice from specialists in the field can help you avoid making mistakes in your application, thus maximising the chances of success.

How can IAS lawyers help?

Only certain categories of employees are eligible for the L1 Visa. If you are unsure whether you meet the eligibility criteria, our lawyers can help you determine this. We advise businesses and employees on how to proceed with visa applications and can answer any questions you might have.

Applying for an L1 Visa can be a complex process. Our experts have helped hundreds of businesses and thousands of individuals obtain the necessary permissions quickly, easily, and without stress. Our lawyers are experts in assisting employers in the petition process, and employees go through all the other steps of the application process. If you hire one of our experienced lawyers, you can rest assured that your application is complete and correctly submitted.

Our comprehensive global business mobility and international employee transfer solutions are designed to support your needs. We can help build a strategy tailored to you, whether you are opening a new branch or transferring employees to an existing branch on the L1 visa route. Contact us today to schedule an initial consultation.