L1 visas are rarely discussed in the US, but that’s about to change with today’s comprehensive guide. I’ll cover everything you need to know about the L1 Visa, including eligibility, processing times, distinctions between L1A and L1B, and the green card application process for L1 visa holders.

What is the L1 Visa?

The L-1 visa, a non-immigrant visa, facilitates the temporary transfer of employees from foreign offices to the United States. It’s favored by companies needing to relocate key personnel to manage operations, oversee projects, and share specialized knowledge. This arrangement enables companies to uphold their global presence while capitalizing on their employees’ expertise.

For instance, when Google wanted to relocate me from my managerial position in India to the US, they utilized the L1 visa, linking my visa status directly to the company. Keep this in mind as it will be relevant later on.

Categories of L1 Visas

The L-1 visa is divided into two subcategories: The L-1A Visa is designated for managers and executives relocated to a U.S. office affiliated with the foreign employer, such as a subsidiary, branch, affiliate, or parent company.

Conversely, the L-1B Visa caters to employees possessing specialized knowledge who are transferred to a U.S. office of the same multinational company. Specialized knowledge typically encompasses advanced expertise in the company’s products, processes, technology, or other domains.

While there are nuances involved in defining specialized knowledge, this guide does not delve into those intricacies. Feel free to comment below for further clarification, and we’ll gladly provide more information.

Requirements for the L-1 Visa:

In order to obtain an L1 Visa, there are specific requirements that the employer must demonstrate, as well as requirements that the employee or visa recipient must fulfill. Let’s begin by addressing the employer’s obligations.

L1 Visa Requirements for the employer:

In order to be eligible for an L-1 visa, the multinational corporation must establish a qualifying affiliation with the U.S. company where the L-1 employee will be employed. Additionally, the multinational company must have a history of conducting business in both the United States and at least one other country for the duration of the L-1 beneficiary’s stay in the U.S.

L1 Visa Requirements for the employee

The individual seeking the L-1 visa must have completed a minimum of one continuous year of employment with the multinational company within the past three years before their transfer to the United States. Additionally, the L-1 visa applicant must have held an executive, managerial, or specialized knowledge position within the foreign company and must be entering the U.S. to perform a similar role.

Furthermore, L-1 visa applicants are required to express their intention to return to their home country upon the expiration of their L-1 status. Additionally, L-1 visa holders are obligated to exclusively work for the U.S. company through which the visa was obtained for the duration of their valid L-1 status.

While there are additional prerequisites for the L-1 visa, they largely depend on the specific type of L-1 visa being pursued by the foreign company.

Prerequisites for Establishing a New Office in the U.S.

To apply for an L-1 visa, multinational companies must furnish:

• Evidence of a physical presence in the U.S., and
• Exhibit financial capability to cover the wages of the L-1 foreign worker.

Duration of the L-1 Visa

The L1a visa allows a maximum stay of 7 years, while the L1B visa permits a maximum stay of 5 years. L-1A visa holders can request visa extensions twice, allowing them to reach a total of seven years. Conversely, L-1B visa holders can only apply for one extension, reaching a maximum of five years.

When multinational organizations petition for an L-1 visa to establish a new office in the U.S., they typically receive an initial one-year visa, extendable in two-year increments if they meet the extension criteria.

Process of Applying for the L-1 Visa

There are two avenues for acquiring an L-1 visa: the standard procedure and the blanket petition. We’ll delve into the blanket petition shortly.

The regular process involves three main stages:

The process involves completing Form DS-160, the Non-immigrant Visa Application, and the company submitting Form I-129, the Petition for a Nonimmigrant Worker, to a USCIS service center. The company must file the petition at least 45 days before the expected start date of the L-1 beneficiary. Subsequently, both forms are assessed by the USCIS to determine if the petitioning company meets the L-1 visa requirements.

Following approval, the company sends the endorsed forms to the L-1 applicant, who then presents them, along with their application documents, to the U.S. consulate or embassy in their home country. A consular officer conducts an interview to ascertain if the applicant fulfills all the requirements for an L-1 visa.

Occasionally, there may be a request for evidence (RFE) or additional documents before processing the visa application. Once the consulate approves the applicant, the USCIS issues the visa.

Required Documents for L-1 Visa Petition

Upon approval of the petition by USCIS, your employer will receive an I-797 notice of approval. Subsequently, you must complete an online visa application with the Department of State using Form DS-160.

Following this, you must schedule an interview at your local U.S. Embassy and bring various documents, including:

• The visa interview appointment letter
• The DS-160 visa application confirmation page
• Copy of Form DS-160 and L supplement
• The DS-160 visa application fee receipt
• A valid passport with at least six months left prior to its expiry
• Any old passports held by you
• Your most recent resume or CV
• Two recent color photographs of your face
• A copy of the I-129 petition submitted to USCIS
• The I-797 approval notice from USCIS
• A letter from your employer to the consulate requesting an L1 visa
• Education certificates
• Payment statements
• Income tax records
• Job description
• Organizational charts that show your place in the organization
• Letter of reference from supervisors, colleagues, and others
• Employment verification letter from the foreign company
• Board resolution or appointment documents verifying the transfer
• Any other documents demonstrating the transferee’s capability to conduct business in the executive position

Additionally, if you possess specialized knowledge, provide patent and trademark registrations by you for your organization.

You must also provide detailed documentation supporting your eligibility for an L1 visa, including evidence of your previous and proposed roles within the overseas and U.S. companies, respectively.

Failure to attend with the necessary documentation may result in delays or denial of your L1 visa application.

L1 Visa Application through blanket petitions

An L-1 blanket visa petition allows eligible foreign companies to transfer multiple employees to the U.S. simultaneously through a single petition. While the application process is less complex compared to a standard L-1 visa, your visa still requires approval by a consular officer. In India, interviews for blanket petition visas are exclusively conducted at the Chennai consulate.

L-1 Visa Cost

The expenses for the L-1 visa may fluctuate based on various factors. The typical costs include:

• $460 for submitting Form I-129 to USCIS
• An additional $500 anti-fraud fee might be necessary
• An extra $2,500 fee for premium processing

These fees are consistently covered by the sponsoring company.

What are the Benefits of the L1 Visa

1. The eligibility requirements for the L-1 visa are relatively minimal. Qualification necessitates holding a managerial/executive or specialized knowledge position within a multinational company.
   • While this criterion may seem strict, it is notably more lenient compared to the eligibility criteria for the O1 visa, the H1B visa lottery, and the requirement for at least a bachelor’s degree.
2. L-1 visas do not have a quota limit, unlike H-1B visas. They can be filed at any time of the year, offering greater flexibility in application timing.
3. Immediate family members of L-1 visa holders can also accompany them to the U.S. L-1 visa holders may bring their legal spouse and unmarried children under 21 years old, who are classified as dependents and granted L-2 dependent visas. Notably, spouses are eligible to work solely based on their visa status, eliminating the need for a work permit.
4. The L-1 visa permits dual intent, allowing holders to pursue a Green Card without jeopardizing their L-1 status.
5. L-1 visa applicants are not obligated to meet minimum educational requirements, unlike the H-1B visa, which mandates at least a bachelor’s degree. While it is improbable for a manager, executive, or specialized knowledge professional to lack formal education, educational qualifications are not specified as a condition for the L-1 visa.

Limitations of the L-1 Visa

Candidates must be currently employed, holding executive, managerial, or specialized knowledge positions for at least one continuous year. Moreover, their employer must be sufficiently large to have a qualifying organization in the U.S.

L-1 visa holders are subject to a fixed maximum stay period. Once this period is reached, no further extensions are possible. They must either transition to a different visa allowing for a longer stay or apply for permanent residency. Otherwise, they must leave the U.S. and have their employer request a new L-1 visa. This differs from the H1B visa, where holders can extend their visa until they are eligible to apply for a Green Card after obtaining their i140.

The L-1 visa is limited to multinational companies with a branch, parent, subsidiary, or affiliate in the U.S. In contrast, other work visas like the H-1B permit employment with any U.S. employer. However, the L-1 visa restricts employment to the sponsoring company.

L-1 visa holders cannot change their job within the U.S. Their visa is tied to the sponsoring company, unlike H1B visa holders who can transfer their visa to another employer. Therefore, if laid off, L-1 visa holders must find employment within the same company or its subsidiary.

For more insights into the differences and similarities between H1B and L1 visas, we’ve provided a detailed video below.

L-1A Visa to Green Card

L-1A visa holders have the option to pursue a green card via the EB-1C immigrant visa program, tailored for managers and executives in eligible U.S. companies. This process is comparatively straightforward and circumvents the intricate PERM labor certification process. To initiate the application, the U.S. employer must submit an I-140 petition to USCIS. Upon approval, the applicant can seek permanent residency through an adjustment of status using Form I-485, provided their priority date is current.

L-1B Visa to Green Card

For L-1B visa holders, the most suitable green card options are the EB-2 and EB-3 visas. However, the application process is protracted, spanning up to two years, primarily due to the PERM Labor Certification process. Following PERM approval, the company proceeds with filing your I-140 petition, after which you can apply for adjustment of status to obtain a green card. Nevertheless, given that the L-1B visa is valid for only five years and it is unlikely for an Indian applicant’s priority date to become current within this timeframe, the preferable course of action would be to transition to another visa, such as an H1B or another L-1 visa.

Related Post: Utilizing the advantages of the H-1B opportunities