The L1 visa is a viable immigration option for those looking to live and work in the United States. The L1 Visa enables foreign companies to transfer specific employees from a foreign branch, subsidiary, affiliate, parent, or related corporate entity to work at a related US entity.
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The L1 visa is a non-immigrant visa that enables a foreign company to transfer a manager, employee, or specialist to work for a US company.
The US company must be the foreign company’s branch office, parent, subsidiary, or affiliate.
The L1 visa is classified into two categories:
Each category has its own set of requirements for eligibility.
The L-1A visa is designed for foreign nationals who have worked in an executive or managerial capacity for a foreign affiliate of the sponsoring US entity.
The ability of an employee to make significant decisions without much supervision is referred to as executive capacity. The ability of an employee to supervise and direct the work of other employees, as well as manage the organization, or department, subdivision, function, or other components of the organization, is referred to as managerial capacity.
The following are additional requirements for the L-1A visa:
In addition, if the executive or manager is travelling to open a new office in the United States, the following conditions must be met:
Within one year of the petition’s approval, the intended US office will support an executive or managerial position.
The initial period of stay for the L-1A visa is three years.
Individuals can apply for renewals and are eligible for two two-year extensions.
Individuals with an L-1A visa can stay in the United States for up to seven years.
It’s also worth noting that if an L-1A visa holder travels outside the United States, he or she may be granted more than one, two, or three extensions.
They get to relive that time, which means they could potentially stay in the United States for even longer.
For more information, we recommend speaking with a lawyer.
The filing fee for a petition is $960. Employers can pay the $2,500 premium processing fee when it is available.
This means that the L-1A petition will be decided by US Citizenship and Immigration Services (USCIS) within 15 calendar days.
With premium processing, USCIS has 15 calendar days to approve, issue a request for evidence, or deny the visa petition.
Please keep in mind that the fees listed above are only for applying with USCIS.
A US employer can use the L-1B visa to move an employee with advanced knowledge of the organization from one of its associated foreign offices to a US parent company, subsidiary, associate, or branch.
To qualify for an L-1B visa, an employee must meet the following requirements:
The initial period of stay for the L-1B visa is three years.
Individuals may apply for renewals and receive one two-year extension.
Individuals with an L-1B visa may stay in the United States for up to five years.
It’s also worth noting that an L-1B visa holder may be granted more than one, two, or three extensions if they travel outside of the United States.
They get to relive that time, which means they could potentially stay in the United States for even longer.
For more information, we recommend speaking with a lawyer.
The filing fee for a petition is $960.
Employers can pay the $1,440 premium processing fee when it is available.
This means that USCIS will decide the L-1B petition within 15 calendar days.
With premium processing, USCIS has 15 calendar days to approve, issue a request for evidence, or deny the visa petition.
Please keep in mind that the fees listed above are only for applying with USCIS.
You can live in the United States and work for your L1 employer if you have an L1 visa.
The L1 visa is a dual-intent visa, which means you can enter the country with the intent to stay temporarily while also intending to immigrate to the country and become a lawful permanent resident in the future.
The L1 visa does not require the US company to pay you a specific wage. Some visa categories require you to be paid wages that are commensurate with your position and job title. That is not a prerequisite for L1.
Your employer in the United States will still be required to follow state and federal minimum wage laws.
Premium processing is available for L1 visas. For an additional fee of $2,500, USCIS will expedite the processing of your L1 petition.
If you choose premium processing, USCIS will respond to your L1 petition in 15 days.
There is no annual limit on the number of L1 visas that can be issued.
The number of L1 visas that can be issued each year is unlimited.
In contrast, other visas, such as the H-1B visa, have an annual quota.
Candidates are not the only people who can benefit from the L-1 visa. Employers stand to benefit considerably from preferring this visa over others.
The first, and perhaps most important, L-1 benefit for employers is that the L-1 has a blanket visa option for companies with at least $25 million in combined US. Revenue or with at least 1,000 employees working in the US.
An L-1 blanket petition allows employers to file a single petition for multiple employees, eliminating the need to file and pay for a separate petition for each employee.
The blanket petition is a lifeline for large corporations that need to relocate a large number of employees to the United States quickly.
Another significant L-1 benefit is that if a multinational employer does not currently have an office or branch in the United States, an L-1 holder can be sent to establish one.
While there are some limitations to this process, it is highly beneficial to open a new office in the United States.
Once the new office is established, the employer will be able to send L-1 visa holders there.
Even if it is not a difficult or expensive process, obtaining a Labor Condition Application (LCA) for each H-1B or E3 employee can add up in terms of both time and money. Fortunately, when petitioning for an employee transfer, the L-1 does not require you to obtain this certification.
Unfortunately, all of these L-1 benefits are not without drawbacks.
Even though the L-1 is relatively easy to obtain, those same benefits can be considered disadvantages if you are not already employed.
If you are not currently employed by a multinational corporation large enough to establish a presence in the United States, this could be a difficult barrier to overcome.
It is especially true given that you must work for that company for a whole year in the three years preceding your entry into the United States.
It is one of the most significant L-1 visa restrictions. Even though the L-1A visa enables applicants to serve for up to seven years, this limit can never be surpassed.
Other forms of visas, such as the H-1B or J-1, may be extended for an additional period.
Some visas, such as the O-1 and E-2, even allow for indefinite extensions. Unfortunately, L-1 visa holders are only allowed one extension after the initial three years.
Following that, they must transfer their status or apply for a new L-1 visa.
While other visas, such as the H-1B, allow you to work for any US employer, the company sponsoring you for an L-1 visa must be a multinational corporation with a branch, subsidiary, or office in the United States or plans to establish one.
This rule usually eliminates small companies with no international branches as well as small business owners.
Consult your immigration attorney to see if your company is eligible for this visa.
Another limitation of the L-1 visa is that visa holders cannot start their own business while on L-1 status.
You must only work for your sponsoring employer and no one else to keep your status, which means you cannot work part-time for another employer at the same time.
The H-1B visa, on the other hand, allows for both entrepreneurship and part-time employment.
The evidence you submit with your L1 petition is crucial to the approval of your visa.
The specific documents you must submit will vary depending on your situation.
Based on your specific case, your immigration lawyer can help you determine which documents you will need to provide.
The following is a general list of documents you should expect to provide to your immigration lawyer:
Luckily, the L1 visa application process is much less complicated than that of other forms of visas.
This procedure consists of three major stages.
The non-immigrant visa application (Form DS-160) is submitted electronically by the applicant’s international employer to begin the visa application process.
This application must include the following elements:
The employer files an L1 petition for a foreign worker after submitting the DS-160 form (Form I-129).
This petition must be filed at least 45 days before the employee’s start date and no later than six months before the start date of employment.
Following the acceptance of all forms, the applicant must travel to their home country’s consulate or embassy to meet with a consular officer and apply for their visa.
After the consulate has authorized the applicant, the visa is issued.
The procedure for each consulate varies, but more detail can be found on the consular website of the home country.
Getting an L1 visa extension is similar to the process for getting the initial L1 visa.
It needs your employer to file a new petition on your behalf before your I-94 form’s expiration date.
Several documents are needed when applying for an L1 visa extension. These records are as follows:
If you have an L1 visa and want to extend your spouse or dependants’ visa status, your employer must file an I-539 form along with your I-129 form.
When the employer files the petition, premium processing for L1 visas is available for an extra fee.
Premium processing can take up to 15 days and costs $1,225.
If you do not need expedited processing, a daily processing fee is available.
Since extending an L1 visa is so close to the actual application process, the filing fees are almost identical.
Your employer will be liable for the following expenses:
Employers in the United States may use an H1B visa to hire foreign workers in speciality occupations.
The L1 visa is often compared to the H1B visa since both are nonimmigrant visas that enable foreign workers to work for US employers in the United States.
However, there are several distinctions between the L1 and H1B visas, including employer eligibility and maximum stay period.
Overall, an L1 visa is better suited for multinational corporations with international branches, as well as individuals that do not meet the stringent H1B criteria.
E1 and E2 visas, including the L1 visa, enable international executives, managers, or speciality-knowledge employees to work in the United States.
E1 and E2 visa holders, on the other hand, must work for businesses that participate in significant trade or investment with the United States.
The L1 visa is available to any immigrant worker; however, the E1 and E2 visas are only available to workers from countries with which the United States has a bilateral investment treaty or a commerce and navigation treaty.
Overall, an L1 visa is better suited for multinational corporations with international branches, as well as individuals that do not meet the stringent H1B criteria.
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