L-1 Visa

The L-1 visa is a nonimmigrant work visa that allows U.S.-based companies to transfer employees from their foreign offices to their U.S. offices. It is primarily used for employees in managerial, executive, or specialized knowledge roles. The L-1 visa facilitates intracompany transfers for multinational companies.

Key Features of the L-1 Visa

  • Purpose:

    • To transfer employees of a multinational company from a foreign office to a U.S. office.
    • It can also be used to establish a new office in the U.S.

  • Types of L-1 Visas:

    • L-1A: For managers and executives.
    • L-1B: For employees with specialized knowledge about the company’s products, services, or procedures.

  • Eligibility:

    • The employer must have a qualifying relationship (parent, branch, subsidiary, or affiliate) between the U.S. and foreign offices.
    • The employee must have worked for the company outside the U.S. for at least 1 continuous year within the past 3 years before the transfer.

  • Dual Intent:

    • L-1 visa holders can pursue permanent residency (green card) without jeopardizing their visa status.

Eligibility Requirements

For the Employer:

  1. Qualifying Relationship:

    • The U.S. company and the foreign company must be related as a parent company, branch, subsidiary, or affiliate.

  2. Ongoing Business:

    • The employer must be actively conducting business in both the U.S. and at least one other country during the L-1 visa holder’s stay.

For the Employee:

  1. Employment with the Company:

    • The employee must have worked for the company for at least 1 year out of the last 3 years in a full-time capacity.

  2. Qualifying Role:

    • L-1A: Must be transferring to a managerial or executive position.
    • L-1B: Must have specialized knowledge about the company’s products, services, systems, or operations.

Application Process

Step 1: Employer Files Form I-129

  • The U.S. employer must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.
  • The application must include:
    • Proof of the qualifying relationship between the U.S. and foreign offices.
    • Evidence of the employee’s role and qualifications.
    • Description of the employee’s duties and the nature of the business.

Step 2: Premium Processing (Optional)

  • Employers can opt for premium processing to expedite the petition (decision within 15 calendar days) for an additional fee of $2,500.

Step 3: Worker Applies for L-1 Visa

  • Once the petition is approved, the employee applies for the L-1 visa at a U.S. embassy or consulate in their home country.
  • Required documents include:
    • Passport (valid for at least 6 months beyond the intended stay).
    • Form DS-160 confirmation.
    • Form I-797 Approval Notice.
    • Employment verification letter and other supporting documents.

Step 4: Visa Interview

  • The applicant attends an interview at the U.S. embassy or consulate, where the consular officer assesses their eligibility.

Step 5: Entry to the U.S.

  • Upon visa approval, the worker can travel to the U.S. and begin their employment.

Validity and Extensions

  • L-1A:
    • Initial stay of up to 1 year for establishing a new office, or up to 3 years for other cases.
    • Extensions available in increments of up to 2 years, with a maximum total stay of 7 years.
  • L-1B:
    • Initial stay of up to 3 years.
    • Extensions available in increments of up to 2 years, with a maximum total stay of 5 years.

Benefits of the L-1 Visa

  • Dual Intent:
    • L-1 visa holders can apply for a green card without affecting their visa status.
  • Dependent Visa:
    • The spouse and children (under 21) of L-1 visa holders can apply for an L-2 visa.
    • Spouses can work in the U.S. after obtaining work authorization (EAD).
  • No Annual Cap:
    • Unlike the H-1B visa, the L-1 visa has no numerical limit.
  • New Office:
    • Allows companies to establish a new office in the U.S.

Limitations of the L-1 Visa

  • Specific Eligibility:
    • Requires a qualifying relationship and specific roles within the company.
  • Time Restrictions:
    • Total stay is limited to 7 years (L-1A) or 5 years (L-1B).
  • Employer Dependency:
    • L-1 visa holders cannot switch employers unless the new employer files an L-1 petition and qualifies under the program.

L-1 Visa vs. H-1B Visa

FeatureL-1 VisaH-1B Visa
PurposeIntracompany transfersSpecialty occupations
CapNo capAnnual cap (65,000 + 20,000)
Employer RelationshipRequires qualifying relationshipNo relationship required
Spouse Work RightsL-2 spouses can workH-4 spouses need EAD (limited)
Dual IntentPermittedPermitted