Large companies often need to transfer employees across borders. One of the common visa options for companies with offices in the United States is the L-1 visa. This type of visa facilitates intracompany transfers of employees. In this blog, we answer the most frequently asked L1 visa questions to guide applicants through the process.
What is an L-1 Visa?
An L-1 visa, also known as an intracompany transfer visa, allows foreign companies to send qualified employees to the United States. The employees must either hold an executive or managerial position (L-1A) or possess specialized knowledge (L-1B). The U.S. office receiving the transfer must have a qualifying relationship with the foreign company, such as being its parent, subsidiary, branch, or affiliate.
What are the Categories of L-1 Visa?
1. L-1A Visa
This category is for executives and managers. Employees in this category can transfer to an existing U.S. office or come to the U.S. to establish a new one. The maximum period of stay for the L-1A Visa is 7 years.
2. L-1B Visa
This visa is for workers with specialized knowledge about their company’s products, services, or procedures. The maximum period of stay for the L-1B Visa is 5 years.
What are the Eligibility Requirements for an L-1 Visa?
Eligibility Requirements for Employers
The employer must:
- Have a qualifying relationship with a foreign company, such as a parent, subsidiary, affiliate, or branch.
- Be actively doing business in the U.S. and at least one other country during the employee’s stay.
Eligibility Requirements for Employees
The employee must:
- Have worked for the qualifying foreign organization for at least one continuous year within the last three years before entering the U.S.
- Be transferring to a U.S. office in an executive, managerial, or specialized knowledge capacity.
Additional Requirements for New Office Transfers
When transferring an employee to establish a new U.S. office, the employer must:
- Secure an ideal physical premises for the office.
- Prove that the employee has been an executive or manager for at least one year in the last three years.
- Prove that the new office will support an executive or managerial role for at least one year.
What is the Period of Stay for an L-1 Visa?
Employees transferred to establish new offices are initially allowed a maximum stay of 1 year. Employees for all other types of transfers are allowed an initial stay of 3 years. Extensions can be granted in increments of 2 years, up to a maximum of 7 years for L-1A employees and 5 years for L-1B employees.
What are Blanket Petitions for L-1 Visas?
A blanket petition allows qualifying organizations to establish the required intracompany relationship in advance. It simplifies the process of transferring multiple employees.
To qualify for a blanket petition, the organization must:
- Be engaged in commercial trade or services.
- Operate a U.S. office that has been doing business for at least one year.
- Have at least three domestic or foreign branches, subsidiaries, or affiliates.
In addition, the organization must meet one of the following criteria:
- Have obtained at least 10 L-1 approvals in the past 12 months.
- Have combined annual sales of at least $25 million.
- Employ at least 1,000 workers in the U.S.
Once a blanket petition is approved, employers can transfer employees without filing individual petitions. Instead, they complete Form I-129S (Nonimmigrant Petition Based on Blanket L Petition) and submit it to the U.S. embassy.
How Do You Apply for an L-1 Visa?
Below are the steps involved in securing an L-1 visa.
Step 1: Hire an Immigration Attorney
The L-1 visa is complex, and going through the process without professional guidance can be overwhelming. An experienced immigration lawyer can help by:
- Evaluating your eligibility.
- Highlighting required documents to support your petition.
- Developing a strategic plan to strengthen your case.
Step 2: Gather the Necessary Documents
Your immigration lawyer will provide you with a detailed checklist of required documents. These include:
- A description of your duties with the U.S. company.
- Proof of employment with the foreign company, such as pay slips or an employment contract.
- Evidence of the qualifying relationship between the U.S. and the foreign entity.
Step 3: File Form I-129 and L Supplement
Form I-129, the Petition for a Nonimmigrant Worker is the foundation of your L-1 visa application. This form must be filed with the United States Citizenship and Immigration Services (USCIS) and supported by the L Supplement, which contains details about your transfer.
Step 4: Apply for the L-1 Visa at a U.S. Embassy
Applicants outside the U.S. must go through the final step of attending an interview at a U.S. embassy in their home country. Your immigration lawyer can assist with interview preparation by providing guidance on potential L1 visa questions and preparing documents to support your claim.
Can Family Members Travel with L-1 Workers?
Spouses and unmarried children under 21 years of age of L-1 visa holders can join them in the U.S. under the L-2 visa category. They generally receive the same period of stay as the L-1 employee.
Spouses of L-1 workers in valid L-2S status are authorized to work in the U.S. without needing additional employment authorization. Family members already in the U.S. can apply for a change of status or an extension using Form I-539.
The L-1 visa is useful for businesses seeking to expand operations or leverage international talent. Whether you are an employer planning a transfer or an employee preparing for your move, knowing the answers to these L1 visa questions can help you through the process.
For assistance with documentation or interview preparation, consult an immigration attorney on ImmigrationQuestion.com.
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