L1 Visas

The L1 visa is a non-immigrant visa category for intracompany transferees who work for a multinational company and are being transferred from a foreign office or branch to a U.S. office, branch office, affiliate, or subsidiary of the same company.

The L1 visa allows companies to transfer key employees who meet the eligibility requirement of working as an executive or manager or have specialized knowledge, to work in the United States for a set period of stay. Based on these requirements, there are two main types of L1 visas: L1A and L1B.

Initial L1 visas are eligible for up to 3 years for new offices and up to 1 year for existing offices with the possibility of extension. L1 visa holders may bring their spouse and children under the age of 21 on L2 visas. The L2 visa allows holders to study and work in the U.S. with proper employment authorization. Unlike the H1B visa, there is no annual cap on the amount of L1 visas offered and there is a pathway to permanent residency depending on eligibility.

This L1 visa is for executives and managers who are being transferred to a U.S. office to manage a department or organization, oversee operations and employees, and have the authority to make decisions for the multinational company in question. To qualify for an L1A visa, applicants must have been employed in an executive or managerial position at the foreign company for at least one continuous year within the past three years

Detailed Guide on L1A Visa

This L1 visa is for employees who are being transferred to a U.S. office to provide specialized knowledge and/or skills. Specialized knowledge is defined as knowledge of the company’s products, services, research, systems, proprietary techniques, or management processes that is not readily available in the United States. Like the L-1A visa, the applicant must have been employed by the foreign company for at least one continuous year within the past three years.

Detailed Guide on L1B Visa

While both the H1b visa and the L1 visa are work visas, they differ dramatically in many key ways such as purpose, eligibility, and visa duration. 

The H1B visa is designed for employers seeking to hire foreign workers in specialty occupations that require theoretical or technical expertise. The focus of the L1 visa is much more narrow. The L1 visa is explicitly for intra-company transfers. The L1 visa is for multinational companies that wish to transfer an employee to a U.S. company affiliate, subsidiary, or branch office.

As the L1 visa for intra-company transfers, it has different requirements than the H1B visa. L1 visa applicants must have worked for the same employer for at least one year out of the past three years to qualify. However, the H1B visa requires the applicant to possess a bachelor’s degree or equivalent experience in a specialized field related to the job without the same level of work history.

• To be eligible for an L1 visa, an applicant must meet specific criteria including the following: 
• The applicant must be employed by a qualifying organization abroad for at least one continuous year within the preceding three years.
• The U.S. employer must be a parent company, branch office, subsidiary, or affiliate of the foreign employer.
• Both the U.S. and foreign entities must continue to do business for the duration of the applicant’s stay in the U.S.
• The applicant must be coming to the U.S. to work in an executive, managerial, or specialized knowledge capacity for either the L1A or L1B visa respectively. To fulfill those requirements, the applicant must:
• To work in the Executive Capacity, the applicant must primarily direct the management of the organization or a major component or function.
• To work in the Managerial Capacity, the applicant must primarily supervise and control the work of other professional employees or manage an essential function, department, or subdivision of the organization.
• To work in the Specialized Knowledge capacity, the applicant must possess specialized knowledge about the company’s products, services, research, equipment, techniques, management, and its application in international markets or the applicant must have an advanced level of knowledge or expertise in the organization’s processes and procedures.
• The employment relationship with the qualifying organization abroad must continue during the period of the applicant’s transfer to the U.S.
• The applicant must intend to depart the U.S. upon expiration of their authorized stay on the L1 visa.

Initially granted for a period of stay going up to three years and can be extended up to a maximum of six years. Extensions beyond six years are possible in certain circumstances, such as pending permanent residency applications. The duration of the L1 visa depends on the application’s circumstances. The L1A visa (for managers and executives) has an initial duration of one year if the multinational is establishing a new office in the U.S. or three years if the U.S. office already exists. After the initial period, the L1A visa can be extended up to a maximum of seven years. L1B visas (for employees with specialized knowledge) are initially granted for up to three years, with a total limit of five years.

The job requirements for the L1 visa and the H1B visa are quite different. For the H1B visa, the job must be in a specialty occupation that the employer has been unable to fill with American applicants. To qualify for the L1A visa, the applicant must be an executive or manager while applicants for the L1B visa do not need to be executives or managers but instead must possess specialized knowledge relevant to the job.

The H1B visa allows for job portability, meaning an H1B visa holder can change employers once a new employer files a new H1B petition on their behalf. While not as flexible as the H1B visa, L1 visa holders can change employers, but the new employer must also be a qualifying multinational company, not a U.S. company.

The processing time for an L1 visa can vary depending on various factors such as the workload at the specific U.S. Citizenship and Immigration Services (USCIS) processing center, the completeness of the application, and whether any additional information or documentation is required.

Generally, the processing time for an L1 visa can range from a few weeks to several months. USCIS provides estimated processing times for different petitions and applications on its website, which can give applicants an idea of how long they might have to wait. Additionally, a premium processing service is available for certain L1 petitions, which guarantees a 15-calendar-day processing time for an additional fee.

It’s important to note that these processing times are subject to change, so it’s always a good idea to check the USCIS website or consult with an immigration attorney for the most up-to-date information.

A Blanket Petition allows very large multinationals to pre-qualify foreign nationals for intracompany transfers to the U.S. This means that U.S. companies do not have to approve individual L1 visas but instead can transfer their employees to the U.S. on short notice.

To receive the L1 Blanket, companies must have over 1,000 employees, have annual sales equivalent or above $25 million and have successfully obtained L1 visas for at least 10 foreign national employees in the last 12 months.

There are several components to the cost of the L1 Visa. The current cost of the Filing Fee for Form I-129 with the USCIS is $460. The employer petitioning for the employee’s L1 visa must submit this form. In addition, employers must also pay the Fraud Prevention and Detection Fee which is currently $500. There are also a few optional fees for L1 visa applicants.

Premium Processing Costs

Employers have the option to request premium processing for Form I-129, which guarantees a 15-calendar-day processing time. The premium processing fee is $2,500.

Out of the Country Applications

If the L1 visa applicant is outside the United States and is required to apply for the visa at a U.S. embassy or U.S. consulate abroad, they will need to pay the nonimmigrant visa application processing fee. This fee varies depending on the country and may change over time.

Biometric Services Fee: 

The L1 visa applicant may be required to provide biometric information (such as fingerprints) as part of the application process. The biometric services fee is currently $85.

Family Member/Dependent Visa Fees:

If the L1 visa holder’s spouse and/or children under the age of 21 will accompany them to the U.S. on L-2 visas, additional visa application fees will apply for each dependent.

Immigration Lawyer Fees for an L1 Visa: 

Many applicants choose to work with an immigration attorney to navigate the application process. This could be covered by the L1 petitioner (the employer) or by the applicant depending on the company and other factors.

The validity of an L1 visa depends on several factors. For L1A visa holders, the initial validity period can be up to one year if the U.S. entity is a new office. If the U.S. entity has been in existence for more than one year, the initial validity period can be up to three years. For L1B visa holders, the initial validity period is typically up to three years.

Both L1A and L1B visa holders can request extensions of stay in increments of up to two years, for a maximum total stay of five or seven years, depending on the visa category.

Depending on the circumstances, L1 visa holders who have reached the maximum allowed stay may need to depart the U.S. for at least one year before being eligible for another L1 visa. The L2 visa status for spouses and unmarried children under the age of 21 is tied to the validity period of the principal L1 visa holder’s status.

The validity of the L1 visa does not determine the length of time the visa holder can stay in the U.S. Instead, it indicates the period when the visa holder can enter the U.S. From that point, the visa holder’s authorized stay is issued by U.S. Customs and Border Protection (CBP) and determined by the expiration date on their Form I-94, Arrival/Departure Record, at the port of entry. This means that the authorized stay can be shorter or longer than the visa validity period, depending on the specific circumstances and any extensions granted by USCIS.

The process of renewing an L1 visa may vary depending on whether the applicant is applying for an extension of stay within the United States or for a new visa stamp from outside the country. 

Determine Eligibility: 

To be eligible for L1 visa renewal, applicants must continue to work for a qualifying organization in an executive, managerial, or specialized knowledge capacity and meet the requirements for the specific L1 visa category (L1A or L1B).

File Form I-129, Petition for a Nonimmigrant Worker:

If an applicant is applying for an extension of stay within the United States, their employer (the petitioner) must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) before their current status expires. When filing Form I-29, the applicant must include all required documentation and supporting evidence, such as proof of continued employment with the qualifying organization.

Await USCIS Decision:

The USCIS will review the petition and supporting documents. If additional information or documentation is required, USCIS may issue a Request for Evidence (RFE). Once USCIS approves the petition, you will receive a Notice of Approval (Form I-797).

Depending on the applicant’s eligibility, there could be further steps that need to be taken to fulfill the L1 visa renewal requirements. If the applicant needs to renew their L1 visa from outside of the U.S. then they will need to apply for a new visa stamp at the U.S. embassy or U.S. consulate in their home country. 

They could also be required to attend an interview at the U.S. embassy or U.S. consulate in their home country. At this interview, they must bring all required documents including their passport, Form DS-160 confirmation page, Form I-129 approval notice (if applicable), passport-sized photos, and any additional documents requested by the embassy or consulate. After the visa interview, the consular officer will determine whether to approve the L1 visa application. If approved, your passport will be returned to you with the L1 visa stamp.

Once the applicant has received their new L1 visa stamp, they can travel to the United States where they must present their passport and visa stamp to CBP. At this time, CBP will determine the length of authorized stay based on the expiration date on the Form I-94.

Extending an L1 visa involves a process similar to the initial application process but with some key differences. It is important to begin the extension process as in advance as possible L1 visa expiration date. The USCIS recommends filing the extension petition at least 6 months before the expiration date to avoid any gaps in the authorized stay in the United States.

To extend the L1 visa, the employer must file Form I-129, Petition for a Nonimmigrant Worker, with USCIS on behalf of the applicant. This petition should be submitted along with supporting documentation demonstrating the applicant’s continued eligibility for L1 status such as evidence of your continued employment with the qualifying organization and any documented changes in job duties or responsibilities.

Several supporting documents must be included with the Form I-129 petition. This may include:

• Evidence of continued employment with the qualifying organization abroad.
• Documentation supporting the nature of employment in the United States, such as organizational charts, job descriptions, and proof of ongoing business operations.
• Any changes in job duties, responsibilities, or location of employment since the initial L1 approval.
• Updated information about the U.S. and foreign entities involved in the L1 relationship.

After the Form I-129 form has been filed there are additional extension steps that may be required to undertake. 

One optional step in the L1 visa extension is the premium processing fee. The premium processing fee guarantees a 15-calendar-day processing time for the I-129 petition for an additional fee. This could reduce the waiting time for a decision.

Once the USCIS has received the I-129 petition, USCIS will then review your extension petition and supporting documents. If additional information or documentation is required, USCIS may issue a Request for Evidence (RFE). Once USCIS approves the petition, you will receive a Notice of Approval (Form I-797).

Another consideration is travel. If the L1 visa extension applicant is planning to travel outside the United States while the extension petition is pending, the applicant may need a new visa stamp to be added before returning to the U.S. 

Once the USCIS approves the extension petition, check Form I-94 Arrival/Departure Record online to verify the new expiration date of the authorized stay in the United States.

Right now there is no specific salary requirement required by USCIS for L1 visa holders. However, the USCIS does mandate that the salary offered to an L1 visa holder must be in line with industry standards and commensurate with the position and responsibilities they will undertake in the United States.

When filing the I-129 petition, the employer must demonstrate that the salary offered to the L1 visa holder meets the prevailing wage for the occupation in the metropolitan or geographical area where the employee will work. The prevailing wage is determined based on factors such as job duties, educational requirements, experience level, and location. Employers can find the wage rate for occupations by requesting the information from the National Prevailing Wage Center (NPWC).  

While there is no specific salary requirement, the employer needs to offer a competitive salary that reflects the L1 visa holder’s qualifications and the nature of their employment. If an employer is offering a salary significantly below the prevailing wage that could raise concerns during the visa application process and may result in the petition being denied by USCIS.

Both the H1B visa and the L1 visa allow for dual intent which means that applicants for either visa can pursue permanent residency (Green Card) while they are on their current H1B or L1 visa. Additionally, both visas offer pathways to permanent residency (Green Card) through employment-based sponsorship. However, the process and eligibility criteria vary depending on the visa category and individual circumstances.

Both visas also allow for dependents to recieve work authorization. visa holders’ spouses to seek employment in the US. Spouses of H-1B visa holders would be considered H-4 visa holders while spouses of L1 visa holders would be considered L-2 visa holders. Both H4 and L2 visa holders can apply for work authorization in the US.

The H1B visa is subject to an annual cap, which can lead to a lengthy processing time due to high demand. Currently, that cap is set at 65,000 per fiscal year with an additional 20,000 visas for applicants with advanced degrees. The L1 visa has no annual cap or limitations. The lack of an annual cap also means that processing times are more likely to be faster than the H1B visa processing times.