Would you like to discover who is eligible to obtain an L-1 visa, as well as how to process your visa application, what documents to consider before filing your candidature, and the requirements you must fulfill before you can apply?
L-1 work visa overview
Also known as the Intracompany Transferee visa, the L-1 US Visa allows a member of a foreign company to transfer to its US branch, subdivision, or affiliate company, where he or she will be taking executive or managerial positions.
The L-1 US visa has no cap, so anyone can apply for it as long as they meet the corresponding criteria and go through the application process.
L1 visa applicants are allowed to bring their family members along with them who can apply for an L2 visa, though only the spouse and unmarried children aged under 21 years old are eligible. L2 visa holders can study and ask for an Employment Authorization Document (EAD) if they are willing to work in the US.
In contrast to the H1B visa, L1 visa holders have worked for this same multinational company before, they are just being transferred to a US branch office. Moreover, there is no required academic certification to apply for an L1 visa as well as no need for approval from the U.S. Department of Labor. Being an L1 visa holder you won’t be allowed to switch employers, though you can always change your visa status.
L1 visa – types and validity
There exist two different types of the L1 US visa, so make sure you’re familiar with them before applying for your L-1 visa. The L1A visa is for managers and executives, while the L1B visa is for specialized knowledge staff.
If you are wondering how long the L1 visa is valid, this depends on your contract, though you can extend your L1A visa for a maximum of 7 (seven) years and an L1B visa for a maximum of 5 (five) years. Nevertheless, you can apply for a different visa or a U.S. Green card once your visa expires.
Also be aware that requirements are different for each type of L1 visa.
Requirements to apply for an L1 visa
In order to qualify to apply for an L1 visa you need to prove that you will be providing services in an executive or managerial capacity in a U.S. branch of your foreign company. If you are applying for an L1A visa as a manager, you will need to hold the following functions:
- To manage the whole company or a branch/subdivision of it.
- To have decision making power. You don’t need to ask for approval.
- To be in charge of the company’s key professional employees, taking care of the hiring process and making decisions with regards to the hiring process, firing employees whenever necessary. In case this work is carried out by a human resources specialist, you have the authority to make recommendations and get involved.
- To rule over the supervisors and the rest of the employees of a company, including its different branches as well.
If applying for an L1A visa as an executive instead, make sure you fulfill the following requirements. Executives must be:
- Relatively free to take decisions (look at the following points for clarification).
- Monitored at a very low degree (e.g., the CEO of a company).
- Supervised exclusively by stakeholders and board of directors.
- In charge of making the company’s policy rules and regulations.
- Free to take decisions, only needing to report to stakeholders.
On the other hand, you must meet the following criteria when applying for an L1B visa:
- Applicants are specialized knowledge professionals and essential for the company.
- They possess unique knowledge about the company’s products/services.
- They have gained this knowledge through years of experience.
- Part of the company’s success depends on the applicant, who has worked together with them for a long time.
- The applicant cannot be easily replaced by some other professional having the same work experience.
Examples of specialized knowledge professionals are engineers, lawyers, or physicians, among many others.
Moreover, keep in mind that you can only apply for an L-1 visa if:
- You had a job out of the US for at least one of the last three years.
- Your company has offered you a transfer to a US branch/subdivision, where you will be taking managerial, executive, or specialized knowledge positions.
- You are registered as a full-time employee.
L1 visa application process
Admittedly, applicants should have received a transfer offer from their employer, as the foreign company has a branch or parent company in the US. As it was previously said, this transfer offer only applies to those taking managerial, executive, or specialized knowledge positions.
L1 visa application – employer
First, we will go over the steps that must be taken by the employer on behalf of their employee applying for an L1 visa. The first step they should follow is to file Form I-129 (Petition for a Nonimmigrant Worker) which can be done in two ways:
- Individual petition: the employer addresses the U.S. authorities directly and asks to transfer a particular employee from a foreign company to its U.S. branch, subsidiary, or parent company. To that end, the employer files Form I-129 and the rest of supporting documentation to the USCIS (United States Citizenship and Immigration Services). If approved, the employee will obtain Form I-797.
- Blanket petition: the employer can also ask for the admission of many employees simultaneously. In case the employer chooses to do this, he or she needs to submit different documents proving that the organization falls within the commercial trade or service business sector, obtained 10 L1 visa approvals in the last year, have an office in the US for at least one year, and either combined annual sales of at least $25,000,000 or already count with a minimum of 10,000 employees in the U.S. The company may be asked to provide additional supporting documentation, such as their business location bank statement, financial statements, and all applicable business permits. If the employer meets the criteria, they can file Form I-129S. In case the application is accepted, the blanket petition will be valid for 3 (three) years, though it is possible to apply for an extension.
L1 visa application – employee
Now, it is the turn of the employee, who will need to file Form DS-160, an online visa application that needs to be filed by every single nonimmigrant visa applicant. Make sure that after you complete the form, you save the number and information displayed on the confirmation page as you will need it later.
Once you file Form DS-160, you will need to pay the L1 visa fees ($190). You might also be required to pay additional fees depending on your home country. Keep the receipt!
Next step: schedule your L1 visa interview at the U.S. embassy to receive a visa interview appointment letter.
Lastly, attend your interview. It will take 3 or 4 months to get a response whether your visa got approved or not. Remember to bring the required appointment documents to your interview.
Required documents to apply for an L1 visa
It’s essential that you bring the following documents to your interview. Scroll down to take a look at the list of documents:
- Visa interview appointment letter.
- Letter from your employer confirming the intracompany transfer and job description.
- CV (resume).
- Documents proving that you have worked for the same company for a minimum of one year in the last three (3) years.
- Letters and contact information from previous employers.
- Contact information from two (2) current and two (2) past colleagues.
- Photos of your new place of work.
- DS-160 confirmation page.
- A passport valid for at least 6 (six) months after your visa expires.
- Receipt confirming that you’ve covered the L1 visa fees.
- Form I-129 (original form with a copy), Form I-797 for individual petitions, Form I-129S (original form plus 2 (two) copies), and three (3) copies of Form I-797 in the case of blanket petitions.
- U.S. visa photo. Make sure the photo you submit complies with the requirements.
L1 U.S. work visa: FAQ
What is the L1 visa?
What are the requirements for an intracompany transferee?
What documents are required for an L1 work visa intracompany transferee?
L1 U.S. work visa – wrap up
The L1 visa is required for those employees who are currently employed in a foreign company outside of the United States and are being temporarily transferred to a parent branch, subsidiary, or affiliate of the same company located in the United States. In order to qualify for this type of visa, the employee must be aiming to perform services in an executive or managerial capacity or possess specialized knowledge to be utilized in their company’s branch in the U.S.
Moreover, the employee must have been with their current company continuously for at least one year within the last three years preceding their L1 visa application. The prerequisite to petitioning for an L1 visa is an approved petition from the US Citizen and Immigration Services, however this does not grant the applicant the visa itself, as the final decision is always made by a U.S. consular officer.
