The L-1 visa is a non-immigrant visa that allows multinational companies to transfer employees from foreign to U.S. offices. It is designed for individuals in managerial or executive roles (L-1A) or those with specialized knowledge (L-1B).
L-1 visas facilitate global talent mobility, enabling companies to bring skilled or senior employees to the U.S. to support business operations, establish new offices, or expand U.S. operations. This visa category is particularly valuable for multinational organizations that regularly transfer personnel internationally.
L-1 Visa requirements
To qualify for an L1 Visa, both the employer and the employee must meet specific criteria:
Employee eligibility
The employee must:
- Have worked for the employer’s foreign entity for at least one continuous year within the three years preceding the L-1 visa application
- For L-1A: Be employed in an executive or managerial capacity
- For L-1B: Possess specialized knowledge relevant to the company’s operations
Employer eligibility
The employer must:
- Have a qualifying relationship with a foreign entity (e.g., parent company, branch, affiliate, or subsidiary)
- Maintain active business operations in the United States and at least one other country throughout the employee’s L-1 stay
Documentation requirements
Employers must provide:
- Evidence of the qualifying business relationship between the U.S. and foreign entities
- Proof of the employee’s role and qualifications (e.g., job descriptions, organizational charts)
- Evidence of continued business operations in both the U.S. and foreign locations
Key definitions
The U.S. Citizenship and Immigration Services (USCIS) provides specific definitions for important terms:
- Executive Capacity. “The employee’s ability to make decisions of wide latitude without much oversight.”
- Managerial Capacity. “The ability of the employee to supervise and control the work of professional employees and to manage the organization” or “to manage an essential function of the organization at a high level, without direct supervision of others.”
- Specialized Knowledge. “Special knowledge possessed by an individual of the petitioning organization’s products, services, research, equipment, techniques, management, or other interests and its application in international markets” or “advanced level of knowledge or expertise in the organization’s processes and procedure.”
Additional considerations
For new office L-1 petitions, the employer must demonstrate financial ability and provide detailed plans to establish operations in the U.S. This ensures that the company can support the transferee and develop a viable business presence in the United States.
These requirements and definitions ensure that the L-1 visa program serves its intended purpose of facilitating the transfer of key personnel within multinational companies while maintaining the integrity of the visa category.
How to apply for an L-1 visa
The application process for an L-1 visa involves collaboration between the employer and the employee. Here’s an overview of the process:
Step 1: Employer petition
The U.S. employer initiates the process by filing Form I-129, “Petition for a Nonimmigrant Worker,” with the USCIS on behalf of the employee. This petition must be accompanied by supporting documentation, including:
- Evidence of the qualifying relationship between the U. S. office and the foreign entity
- Proof that the employee has been employed abroad for at least one continuous year within the three years preceding the application
- A detailed description of the proposed work in the United States
- Organizational charts showing the employee’s position in both the foreign and U.S. entities
Step 2: Additional requirements for new offices
For new office petitions, additional evidence is required:
- Proof of secured physical premises for the new U.S. office
- For L-1A (managers/executives): A business plan detailing the proposed office’s nature, the size of the U.S. investment, and the foreign entity’s organizational structure
- For L-1B (specialized knowledge): Evidence of the company’s ability to pay the employee and support the new office
Step 3: USCIS processing
Once submitted, the USCIS will process the petition. Standard processing typically takes 2-4 months, but employers can opt for premium processing for faster adjudication.
Step 4: Employee visa application
If the petition is approved and the employee is outside the U.S., they must:
- Complete Form DS-160 online
- Pay the visa application fee
- Schedule and attend a visa interview at a U.S. Embassy or Consulate
Step 5: Visa interview
During the interview, the employee should be prepared to provide:
- The visa interview appointment letter
- Form DS-160 confirmation page
- A valid passport
- The approved Form I-129 petition
- Other supporting documents as required by the specific consulate
L-1 Visa length of stay
When establishing a new office, an employee is granted a maximum initial stay of one year, while an employee who transfers to an existing office can get up to three years. L-1 visa holders may be eligible for extensions at the end of the initial term.
L-1A visa holders (managers and executives) can extend their stay in increments of up to two years for a maximum total stay of seven years. L-1B visa holders (specialized knowledge workers) can also extend their visas in two-year increments, but they are limited to a five-year stay.
An employee who receives the L-1 visa may also bring a spouse and dependent children (unmarried and under 21 years of age) for the visa term. These family members are granted L-2 visa status, valid for the same period as the principal L-1 visa holder.
As of 2022, spouses of L-1 visa holders are now granted work authorization based on status, meaning they no longer need to file a separate application for employment authorization to work in the United States. However, L-2 children are not eligible for work authorization.
These updates aim to streamline the process for L-1 visa holders and their families, making it easier for accompanying spouses to integrate into the U.S. workforce.
Blanket petitions for L-1 visas
Some large businesses regularly petition for several L-1 visas, so the program allows such companies to file blanket petitions. This streamlines the L-1 approval process, making it easier to transfer an employee on short notice. To file a blanket petition, the business needs to fulfill these requirements:
- The petitioner’s office should be in existence for a year or more
- The petitioner has three or more domestic offices and foreign branches, subsidiaries, or affiliates
- The petitioner either obtained 10 L-1 approvals in the last 12 months, generates annual sales of $25 million in the U.S., or has a workforce of at least 1,000 employees in the U.S.
Once approved, the blanket L-1 petition is valid for three years. After this period, the company can apply for an extension, which, if approved, grants the blanket petition indefinite validity.
The company uses Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to transfer employees under an approved blanket petition. This allows eligible employees to apply directly at a U.S. consulate for their L-1 visa without needing individual USCIS approval for each transfer.
As of August 2023, the USCIS has replaced the endorsed Form I-129S with an I-129S approval notice, which now serves as the endorsement for visa applications and U.S. entry.
If a company fails to file an extension of the blanket petition in a timely manner, it does not trigger a three-year waiting period before another blanket petition can be filed. This allows companies to maintain their blanket L-1 status more easily.
L-1 Visa to green card
Many L-1 visa holders consider long-term prospects in the United States, and a common question arises about transitioning to permanent residency. The L-1 visa program offers a unique advantage, as it can serve as a stepping stone towards obtaining a green card.
Can an L-1 visa holder apply for a green card?
L-1 visa holders are indeed eligible to pursue permanent residency in the United States through a green card application. This process is particularly appealing as it often bypasses the need for labor certification, streamlining the path to long-term employment in the country.
Process for transitioning from L-1 to green card
The transition process varies depending on the type of L-1 visa held:
- L-1A (Managers and Executives): These visa holders typically qualify for the EB-1C category, a priority classification that does not require labor certification. This pathway often moves more quickly through the immigration system due to its elevated status.
- L-1B (Specialized Knowledge Employees): L-1B holders generally apply through the EB-2 or EB-3 categories. While these categories may require labor certification, certain specialized roles may be exempt from this requirement if they meet specific criteria.
Key considerations
- Maintaining valid L-1 status throughout the green card application process is crucial to ensure eligibility.
- Dependents of L-1 visa holders (those with L-2 visas) are also eligible to apply for green cards concurrently with the primary applicant.
- The transition from L-1 to green card can be complex, and timelines may vary based on visa availability and processing backlogs.
- Employers play a significant role in the process, as they must typically sponsor the green card application.
- Applicants may receive requests for additional evidence and should maintain thorough documentation of their qualifications and employment history.
FAQs about the L-1 visa
As with any complex immigration program, the L-1 visa category often raises numerous questions for both employers and potential visa holders.
What is the difference between L-1A and L-1B visas?
L-1A visas are designed for managers and executives, while L-1B visas are for employees with specialized knowledge, as determined by the USCIS. L-1A visa holders typically have more senior roles within the company, overseeing departments or running operations. L-1B visa holders possess in-depth knowledge of the company’s unique methodologies, products, or services.
How long is the L-1 visa valid?
L-1A visas allow for a maximum stay of up to seven years, while L-1B visas permit a stay of up to five years. Both visa types are initially granted for one to three years, with the possibility of extensions in two-year increments.
Can dependents of L-1 visa holders work in the U.S.?
Yes, spouses of L-1 visa holders (L-2 visa holders) are granted work authorization incident to status. This means they no longer need to file a separate application for employment authorization to work in the United States. However, L-2 children are not eligible for work authorization.
Can an L-1 visa holder change employers?
Generally, L-1 visa holders cannot change employers as the visa is tied to the sponsoring company. However, they may transfer to another location within the same company or an affiliated company in the United States. A new petition would need to be filed in such situations.
How long does it take to get an L-1 visa?
Processing times for L-1 visas typically range from 2 to 4 months under standard processing. However, premium processing is available for an additional fee, guaranteeing a response within 15 calendar days. Blanket L petitions are usually processed more quickly, often taking 1-3 weeks.
Simplifying global transfers
The L-1 visa program offers valuable opportunities for multinational companies to transfer key personnel to their U.S. operations. However, navigating the complexities of international employee transfers can be challenging, especially when dealing with various visa requirements and compliance issues across multiple countries. This is where an employer of record (EOR) service can provide significant value.
As a global EOR provider, Velocity Global offers comprehensive solutions to simplify international hiring and employee transfers. Our expert team can guide you through visa requirements, streamline onboarding processes, ensure compliant payroll and benefits administration, and mitigate risks in global employment matters.
By partnering with Velocity Global, companies can focus on their core business operations while our team handles the intricacies of global workforce management, including L-1 visa transfers and beyond. To learn more about how we can support international workforce needs, reach out today.
