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An L1 visa is a nonimmigrant visa that allows companies operating in the US and abroad that facilitates the temporary transfer of foreign employees to work in the United States. This visa is aimed at those who occupy management or executive positions or have specialized knowledge critical to the company’s operations.
The L1 visa is divided into two main categories: L-1A and L-1B, each serving specific types of roles:
The L-1A nonimmigrant classification enables a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated US office to send an executive or manager to the United States with the purpose of establishing one. For any job to qualify as a specialty occupation, it must meet the following requirements as an Employee and as an Employer:
Requirements for an Employer
To qualify for L-1A classification in this category, the employer must:
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
Requirements for an Employee
To qualify, the employee must:
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
The L-1B nonimmigrant classification enables a US employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated US office to send a specialized knowledge employee to the United States to help establish one.
Requirements for an L-1B Employer
Requirements for an L-1B Employee
To qualify, the employee must:
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures
L-1 Visa Application Process
Given the stringent requirements by the USCIS, the L-1 Visa application may seem complex, our experienced team is here to simplify the process and cater the needs of the employer and employee. The list of L-1 supporting documents is extensive and it is important to get the assistance of a lawyer as mistakes inevitably result in applications being subject to delay or even refusal.
Here is a quick look at how the visa application process works:
The US Employer that works as the L-1A or L-1 B petitioning company, must file a Form I-129 a petition for a nonimmigrant worker, on your behalf with the U.S. Citizenship and Immigration Services (USCIS). This petition will need to be approved by USCIS before you can apply for your L1A/L-1B visa at your preferred consulate. The petition must also be accompanied by the L-classification supplement to this form, together with the relevant fee.
Your US employer can file an individual petition, or a blanket petition using Form I-129S. A blanket petition can be used where several key personnel with specialized knowledge have been identified for transfer to the US, or it is believed that additional key personnel may be needed in the US in the next 3 years.
We will help you to prepare the Form DS-160 and you will need to submit Form DS-160, to the Department of States. Having paid an additional fee, we will schedule an interview appointment on your behalf with a preferred US Embassy or Consulate.
Consular officers will use the information entered on the DS-160 to process your visa application and, together with a personal interview, determine your eligibility for an L1A/L-1B visa.
At interview, you will be required to submit various documents in support of your L1B visa application, including but not limited to:
At the conclusion of your interview, the interviewing officer should inform you whether the L1B visa application has been approved, denied, or if further documentation is required.
If your visa application is approved and you are issued an L1 visa, your passport will be returned to you via courier service to the visa collection or passport location specified when making your visa interview appointment.
What is the Duration of L-1 Visa?
An L-1 visa allows you to stay in the US for 3 years. You can apply for an extension so long as the total period you reside in the US on an L-1 visa does not exceed 5 years if L-1B or 7 years if L-1A.
Your stay might be cut short if the employer you are working for decides to terminate you. When this is the case, the employer is legally required to pay your return transportation costs. However, you must bear these costs if you choose to resign.
Your accompanying family members are eligible to stay with you in the US. for the full duration of your L-1 visa.
What is the L-1 Visa Application Fees?
Most of the fees involved with the L-1 petition visa application are borne by the employer. However, you may bear some fees as the employee and visa application, such as the visa fee when applying with your local US Consulate or Embassy.
Here is a look at the fees involved in the process:
Fee Type | Amount | Payee |
I-129 Form Filing Fee | $1385, or $695 for small employers, from April 1, 2024 ($460 for applications filed prior to April 1, 2024) | Employer |
Public Law 114-113 Fee | $4,500 | Employer |
Consular Processing Fee (Form DS-160) | $205 | Employee |
Fraud prevention and detection fee | $500 | Employer |
ACWIA Fee | $750, or $1000 | Employer |
Optional Premium Processing Fee | $2,805 | Employer |
Public Law 114-113 Fee: $4,500
This fee will only apply if an employer is seeking an initial grant of L-1 status for a foreign worker and the organization employs more than 50 employees, and of those, over half are under L-1A, L-1B, or H-1B status.
The Public Law fee is not payable for L-1 extensions or for L visa transfers relating to workers changing status from L-1A to L-1B or from L-1B to L-1A status.
The Consular Processing Fee is the fee you must pay when filing for a visa with your local U.S. consulate or embassy as an eligible employee. In most cases, the employee is required to pay this fee. However, an employer may choose to bear this fee as well in some cases.
Premium Processing Service is an optional service you can use to speed up the processing of your visa application. The key benefit here is that you will get a decision from USCIS on your visa petition within 15 days. You must pay an additional fee to utilize this service.
If the correct fees are not paid, or if there is an error or delay in payment, the application will be delayed and possibly rejected.
Issuance fees
Nationals of certain countries must pay an issuance fee for an approved visa to be issued. Fees are based on reciprocity and reflect the charges levied by the applicant’s government to a US citizen for a similar service. For the L category, the only issuance fees charged to a British Citizen passport holder is for the L-2 visa, i.e. L-1 visa dependents.
L1 Visa Duration, Renewals and Extensions
Generally, the average L-1 visa application time can be between 2 to 4 months, depending on the consulate or Embassy where the application is filed and the quality and circumstances of the application.
There is usually no difference in the processing times between the L-1A and L-1B classifications.
The L-1 visa will be initially granted for a maximum of 3 years, although transferees entering the US to establish a new office will be granted a maximum initial stay of one year.
To remain in the US beyond this period would require an extension application petition to be made.
The renewals are only available if the visa holder continues to meet the visa requirements. Also, maximum periods of stay under the L route apply. L-1A holders may be allowed to spend a maximum of seven years in the US in L-1A status before they must return abroad for at least one year before being granted L-1 status again.
L-1B holders may be allowed to spend a maximum of five years in the US in L-1 status before they have to return abroad for at least one year before being granted L-1 status again.
Can My Family Come with me on an L-1 Visa?
Your spouse and unmarried children under the age of 21 can come with you to the U.S. if you have an eligible L-1A or L-1B visa. The family members can accompany you at the time you first arrive in the US with your L-1 visa. Alternatively, they can join you at a later date. In either case, they may do so only after their L-2 visa application is approved. We will assist with the visa applications for your spouse and children at your preferred US Consulate with your L-1 Approval Notice. However, you will need to file a separate employment authorization I-765 petition for your spouse seeking to work in the US.
How to Apply for a Green Card on an L-1 Visa?
An L-1 visa holder can apply for a Green Card. The most common pathways include the EB-1C Green Card for multinational executives and managers, which is ideal for L-1A visa holders, and the EB-2 or EB-3 Green Cards for advanced degree professionals and skilled workers, suitable for L-1B visa holders. Each category has specific eligibility requirements, and the process typically involves filing Form I-140 (Immigrant Petition for Alien Worker) and either adjusting status in the US or undergoing consular processing abroad. Unlike many nonimmigrant visas, the L-1 visa allows for dual intent. L-1 visa holders can apply for a Green Card without jeopardizing their L-1 status. The ability to pursue permanent residency openly without affecting nonimmigrant visa status is a significant advantage, providing peace of mind and stability for L-1 visa holders and their families during the application process. By bypassing this labor-intensive and time-consuming process, L1A and L-1B visa holders can expedite their Green Card application.
How Can Our L-1 Visa Immigration Attorneys Help You?
Initial Consultation
We will first evaluate the eligibility of the company and the employee for the L-1 visa, considering the nature of the business, the relationship between the foreign and US entities, and the applicant’s role and qualifications.
We also help strategize the best approach for the visa application, including choosing between the L-1A and L-1B visa types based on the employee’s position and qualifications.
Draft Preparation and Submission
One of the most demanding aspects of the L1 application process is evidencing eligibility. This requires extensive documentation to be identified and collated.
We will work closely with clients to support with the preparation of all the necessary documentation, including supporting documents that demonstrate the qualifying relationship between the US and foreign entities, as well as the employee’s eligibility as well as completing the relevant forms, such as Form I-129. Before submission, we will then meticulously review the application and documents to ensure accuracy, completeness, and compliance with US immigration law, minimizing the risk of delays, RFEs or denials.
Legal Advice and Compliance
We offer advisory services to employers to ensure compliance with US immigration laws and regulations, helping companies maintain their eligibility during and after the visa application process.
We also provide regular updates on immigration law changes that might affect the application process or the status of the employee and company.
Representation During Legal Proceedings
As specialists in US immigration, we also represent applicants and employers in all communications with USCIS, including responding to requests for additional information (RFEs) or notices of intent to deny (NOIDs).
In there event of a legal challenge or if you have received a denial and require expert advice, we also provide representation and guidance on the next steps, including filing for appeals or motions.
Support for Visa Application and Interview
Once USCIS approves the petition, we assist the employee with the visa application at a US consulate or embassy, including preparing for the visa interview and advising on potential questions and the evidence required to demonstrate eligibility.
Post-Approval Assistance
After the visa is granted, our L1 visa lawyers will help with ensuring that both the employer and employee comply with visa conditions and US labor laws on matters such as when the visa holder can start work in the US.
We also provide assistance with visa extensions, status adjustments, and, if applicable, transitioning to permanent residency through the Green Card application process.
How long does processing an L-1 visa take?
Under regular circumstances, the L-1 processing time ranges between two to five months. However, you can request premium processing to have your visa processed in as little as two weeks.
Can I change jobs under an L-1 visa?
As long as you continue working for one of your company’s branches or its affiliated companies, then you can transfer jobs. However, you should notify the USCIS or the attorney carrying out your paperwork before making a switch.
To work for a different company, you will need to apply for a separate visa. You also cannot work part-time for a different company while on the L-1 visa.
Will an L-1 visa get me a green card/permanent residence?
Not directly. However, if a business has been running for over one year, the executive or manager can petition for a green card/permanent residence without having to make an application for labor certification. Such applicants should meet similar qualifications as those under the EB-1C green card category.
However, there is a catch. The EB-1C requires you to work for one year in the company’s foreign branch in the three years leading up to your green card petition. If you have spent the last three years in the U.S. under the L-1A, you would not qualify. However, if you have been working in the foreign branch for at least a year and you transfer directly to the U.S. branch under the L-1A, you will be eligible to apply for the EB-1C for the next two years afterwards.
Can I send an employee to be employed in a new office?
Yes, The L-1A allows managers and executives to travel to the U.S. to start a new branch or office where none exists. However, the initial validity period is only 1 year for this route, though extensions are available.
For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:
The employer has secured sufficient physical premises to house the new office ; and
The employer has the financial ability to compensate the employee and begin doing business in the United States.
If I have worked as an independent contractor for the company abroad, will I qualify for an L-1A or L-1B visa?
Yes, as an independent contractor you will qualify for an L-1 visa as long as the company that you have worked for has been real and operating in a country abroad. Working as an independent contractor of the foreign affiliate or subsidiary is generally insufficient for the purposes of satisfying the 12-month employment requirement. The relationship must be one of employer-employee, although it may be possible to establish this relationship even without formal payroll records. USCIS looks at the degree of control that the company has over the alien to determine if he or she is really a de facto employee or an independent contractor. To determine whether an individual is an employee, the traditional rule under common law is the “control test”. This test applies basic agency principles in determining whether an employment relationship exists. USCIS has also adopted the common law control test for the purposes of determining employment in L-1 visa cases.
Why Consult an Immigration Attorney for L-1 Visa in the USA?
The L-1 visa application process can seem daunting and difficult. You have to make sure you meet all the requirements, bring together all the necessary documents, and be well prepared for the interview.
A reputable immigration attorney can be immensely helpful along every step of the application process. You can get in touch with a good immigration law firm to get detailed guidance before, during, and after the visa application.
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