The L-1 Visa permits the transfer of managers, executives, and specialized knowledge workers of a multinational company to their U.S. office. The L1 Visa is categorized into L-1A Visa and L-1B Visa. The L1A Visa is granted to foreign managers and executives of a US-based company. Managers and executives have supervisorial and decision-making capacities in the company. The L1B Visa is given to specialized knowledge workers of a business operating in the US. A specialized knowledge worker has extensive experience and skills that are unique to his/her qualifications that benefit the multinational company.
The L-1 Visa is petitioned by the international company for the foreign employee. The process of L1 Visa application requires documents that prove the presence and operations of the employer in the United States. The foreign employee needs to provide supporting documents for his/her eligibility for the L-1 Visa.
Table of Contents
What is an L-1 Visa?
The L-1 Visa allows foreign managers, executives, and specialized knowledge employees of US-based companies to temporarily enter the United States. The L-1 Visa is applied for by the U.S. employer on behalf of the employee/s.
How Does an L-1 Visa Work?
The L-1 Visa is available for intracompany employees of multinational corporations such as Google and Apple. The multinational company is either a US-based business or a foreign-based business with an office in the US. The L1 Visa permits international workers temporary US entry if they have worked overseas for a US company for a period of one year. The employment period must be within three years preceding the foreign employee’s entry into the United States.
What are the Benefits of the L-1 Visa?
These are the top 3 benefits enjoyed by the L-1 Visa holder.
- Live and work in the US. You can have your spouse and unmarried children under 21 years old come to the US as long as your L1 status remains valid.
- Extend your period of stay. The L-1 Visa can be extended up to 5 or 7 years maximum.
- Apply for a green card (permanent residence). The green card (permanent residence) allows you to live and work in the US indefinitely.
What are the Risks of an L-1 Visa?
These are the top 3 drawbacks of an L1 Visa.
- Employed by a multinational company. You have to be presently employed by a multinational company with an office in the US.
- Maintain an employee-only status. You cannot establish your own business/es while in L-1 status.
- Remain with your sponsoring company. You must work exclusively for your sponsoring US-based employer. You cannot do part-time work for another company.
What is L Blanket Certification?
The L Blanket Certification applies to multinational companies that frequently relocate foreign employees to the US. The L Blanket Certification allows eligible foreign employees to apply for an L-1 Visa directly to a U.S. consulate. The multinational company can transfer several employees to the US at once with a single petition with a Blanket L Certification.
An international company should meet the following eligibility criteria to qualify for a Blanket L Certification.
- Have an office in the U.S. that has been in operation for at least 1 year.
- Have at least 3 other branches, affiliates, or subsidiaries around the world.
- Have at least 1, 000 employees.
- Have a combined yearly revenue of at least $25 million.
- Have been approved for at least 10 L-1 Visas within 12 months of the L Blanket petition.
What are the Types of L-1 Visas?
There are two kinds of L-1 visas, these are the L1-A Visa and L1-B Visa. The differences, conditions, and eligibility criteria of the L1A Visa and L1B Visa are discussed below.
L-1A Visa
The L-1A Visa is for managers and executives who are moving to a U.S. office or entering the country to establish a U.S. office.
A manager should perform the following duties to be eligible for an L1A Visa.
- Head a key department of the company.
- Supervise and control the work of high-level employees.
- Hire, fire, and recommend employees for vertical movement in the company.
- Direct daily operations of the company.
An executive should have the following functions to qualify for an L-1A Visa.
- Oversee the day-to-day management of the company.
- Establish policies, procedures, and goals of the company.
- Make executive decisions within and for the company.
- Supervise high-level employees and receive only general supervision from directors and stockholders.
L-1B Visa
The L-1B Visa is for foreign employees with specialized knowledge or skill. Specialized knowledge or skill refers to extensive expertise in the company’s product, service, technology, equipment, research, and other key operations. The foreign employee should have a distinct qualification that makes him/her unique within the international market. The foreign employee should be able to handle issues that directly relate to the business interests of the US office of the petitioning multinational company.
The foreign employee should be able to prove the following to be granted an L1B Visa.
- The length of time it took to acquire the specialized knowledge or skills.
- The value of the specialized knowledge or skills to the US-based company.
- The distinctness of the specialized knowledge or skills that not every employee can do.
How Much Does an L-1 Visa Cost?
The following is a summary of the fees associated with your L-1 Visa application.
- Petition for a Nonimmigrant Worker (Form I-129) basic filing fee- $460
- Anti-Fraud Fee– $500
- Public Law 113-114 Fee (applies if your employer has over 50 employees with more than half under L-1A, L-1B, or H-1B status)- $4,500
- Online Nonimmigrant Visa Application (Form DS-160) fee- $190
- Premium Processing fee (optional)- $2,500
Each fee must be paid by money order or with a separate bank check drawn from a US-based financial institution. Checks and money orders must be made payable to the “Department of Homeland Security, United States” with no abbreviations.
How to Apply for an L-1 Visa?
You must complete 6 steps to apply for an L1 visa.
- Obtain a transfer offer. Your employer must offer you an intracompany transfer in a managerial, executive, or specialized knowledge position. Your employer should have a branch, subsidiary, affiliate, or parent company in the United States.
- File the Petition for a Nonimmigrant Worker (Form I-129). There are two options for filing this form.
- Individual Petitions. The employer is responsible for submitting the petition to the U.S. to transfer the employee to another country.
- L1 Blanket Petitions. Employers with L Blanket Certification can transfer many L1 Visa-holding employees to the United States with a single petition. The employees can file for the L-1 Visa themselves.
- File the Online Nonimmigrant Visa Application (Form DS-160). Form DS-160 is available online and requires applicants to provide information about their intent and purpose to travel to the United States. You will receive a confirmation and a number after submitting Form DS-160. Print this confirmation page for your embassy interview.
- Pay the L1 Visa fee. The fee for an L-1 Visa application is $190. You need to pay extra fees depending on the reciprocity policies of your home country. Keep all the receipts and affix them to your paperwork.
- Schedule your L1 Visa interview. Schedule your visa interview in advance. An appointment letter for a visa interview will be sent once your interview date is arranged.
- Submit your L-1 Visa paperwork. You need to bring the required documents to your interview. The documents will help support your L-1 Visa application.
How Long is the Process of an L-1 Visa?
The average L-1 visa processing time takes between 6 and 12 months. The optional premium processing shortens this period to 15 calendar days.
What are the Requirements for an L-1 Visa?
Both the petitioning employer and the intracompany employee need to prepare these documents for an L1 Visa application.
For the Employer (both US and foreign companies)
- Articles of incorporation
- Stock certificates
- Audited accounts
- Financial statements of business
- Income tax returns
- Promotional materials of the business
- Organizational chart which includes the total number of employees and the position held by the intracompany transferee
- Detailed statement from an authorized representative explaining ownership and control of the company
- Company letterhead with company logo, name, and address
Specific for the Foreign Employer
- Documents of business transactions (contracts, bills of lading, letters of credit)
Specific for the US Employer
- Corporate by-laws
- Description of the company’s business and a detailed business plan
- Lease of a business location
- Bank statement or proof of initial investment
- Employer’s Quarterly Report Form 941 (if any)
For the Employee
- Fully filled out Form DS-160
- Copy of the Form I-129 (for individual petitions) or Nonimmigrant Petition Based on Blanket L Petition (Form I-129S)
- The Notice of Action (Form I-797)
- Current valid passport and old passports (if any)
- Most recent curriculum vitae or resume
- Two recent passport-size photos
- The appointment letter for the visa interview
- All receipts for the L-1 Visa you paid for
- Your employer’s letter to the consulate requesting an L1 visa
- Organizational charts that reflect your position in the organization
- Letters of reference from supervisors and coworkers
- Employment verification letter from the petitioning company, including your job description
- Appointment documents or board resolution confirming the transfer
- Education certificates/diplomas
- Payment statements
- Income tax records
- Work experience letters from prior employers
- Any other documents showing your competence to handle business in the executive, managerial, or special knowledge position
- Trademark registrations and patents by you for your organization (if you have specialized knowledge)
What are the Interview Questions for the L-1 Visa?
Your US embassy or consulate interview will assess your eligibility and qualifications for an L1 Visa. Here are 5 sample L1 Visa Interview Questions and Answers to help you with your L-1 Visa application.
- Can the spouse of an L-1 Visa holder work in the United States? Yes, the spouse of an L-1 visa holder can work in the United States after securing an Employment Authorization Document (EAD).
- Is ‘Dual Intent’ allowed for L-1 Visa holders? Yes, dual intent is permissible for L-1 Visa holders.
- Can children of the L-1 Visa holder get employed in the States? No, children of L-1 Visa holders are not permitted to work in the US.
- Under what conditions will the petitioner be required to pay an additional $2,250 in fees? The petitioner will be required to pay an extra $2,250 in fees if more than half of their staff have L or H-1B nonimmigrant status and employs over 50 people in the United States.
- What are the grounds for denying an L-1 Visa? A reason for denial is when the immigration officer believes the petitioning company and/or the foreign employee are not qualified for an L1 Visa application.
What are the Countries that Can Apply for an L-1 Visa?
In 2019, foreign employees were transferred to the U.S. from approximately 160 countries. India is the top country to be issued L1 Visas with 18, 354 visas approved in 2019. The UK, Brazil, Mexico, and China were issued between 5,000 to 6,000 L1 Visas each. Japan, Germany, and France additionally belong to the top countries with most L-1 Visas issued.
The L1 Visa validity varies for different countries based on the reciprocity schedule. The reciprocity schedule reflects the availability of a civil document, where and how much it costs to obtain an official copy, and other details based on the country where the civil document was issued. The L-1 Visa validity ranges from 3 months for Iran nationals to 5 years for citizens of India, Japan, and Germany.
What are the Differences Between L-1 Visa and EB-5 Visa?
Here are the 3 differences between the L-1 Visa and EB-5 Visa.
L1 Visa
- The L1 Visa is a nonimmigrant visa that permits global corporations to send intracompany employees to their U.S. offices.
- The employer files the L1 visa on behalf of the employee.
- The L-1 visa requires the applicant to be employed by a global company under a managerial, executive, or specialized knowledge position.
EB-5 Visa
- The EB5 Visa is an immigrant visa that requires the applicant to invest a minimum amount in a new US business.
- The investor’s new business entity must create 10 full-time jobs for American citizens.
- Foreign investors can file the EB-5 petition on their own.
What are the differences Between L-1 Visa and H1-B Visa?
The following are the 3 differences between an L1 visa and an H1-B visa.
L-1 Visa
- The L-1 Visa applicant should be an employee of the petitioning company for at least one year. This one-year employment should be within 3 years prior to admission to the US.
- The petitioning employer should be a multinational company with operations in the US.
- The L-1 Visa applicant should be working for the international firm as a manager, executive, or specialist knowledge worker.
H1-B Visa
- The H1B Visa is a nonimmigrant visa for foreign workers hired by US employers to work in specialty occupations. Examples of specialty occupations are information technology (IT), finance, engineering, and architecture.
- Any type of company can sponsor an H1B petition. The petitioning employer should have a job offer for the H-1B applicant.
- The H1B Visa applicant should have a bachelor’s degree or its equivalent in the US.
How Long Can I Stay in the US with an L-1 Visa?
The duration of stay for the L-1A and L-1B Visas are different. The L1A Visa allows the holder to stay for up to 7 years in total. The L1B allows the holder to stay for up to 5 years in total.
Can I Work on an L-1 Visa?
Yes, the L1 Visa permits you to live and work in the US. Your dependent spouse can work in the U.S. after getting an Employee Authorization Document (EAD).
Can an Immigration Lawyer Speed Up the Process of Getting an L-1 Visa?
No, an immigration lawyer cannot speed up the process of an L1A visa application. An Immigration Lawyer can help you understand what an L1 visa is, what documents to submit, and guide you through your interview at the U.S. Embassy.
Is a Bachelor’s Degree Required for an L-1 Visa?
No, the L-1 Visa does not have minimum educational requirements. An applicant needs to hold a managerial, executive, or specialized knowledge post in a global business to qualify for the L1 Visa.