Considering an exciting opportunity to work in the United States? The L-1 visa might be your perfect match. This comprehensive guide dives into everything you need to know about this visa category designed for intracompany transfers. Let’s explore eligibility requirements, the application process, and the two subcategories.
Table of Contents
Let’s start explaining and exploring what’s this visaand who is ideal to apply.
What’s the L visa?
The L visa is a non-immigrant visa category in the United States designed for intracompany transferees, allowing multinational companies to transfer certain employees from their foreign offices to work in the U.S. temporarily. There are two main types of L visas: L-1A for executives and managers, and L-1B for workers with specialized knowledge. The L-1 visa is not a lottery-based visa like the H-1B visa and requires a qualifying relationship between the company’s foreign and U.S. offices. Holders of L-1 visas are limited to working for their sponsoring employer only, with an initial stay of up to 3 years, extendable based on the relationship between the company’s foreign and U.S. offices
What are the eligibility requirements for an L-1 visa?
L-1A Visa for Executives and Managers
- The employee must have worked for the company outside the U.S. for at least 1 continuous year out of the last 3 years in a managerial or executive capacity.
- The employee must be coming to the U.S. to work in a managerial or executive capacity for the same company or an affiliate, subsidiary, or branch of the company.
- There must be a qualifying relationship between the foreign company and the U.S. company, such as parent-subsidiary, branch, or affiliate.
- The U.S. company must be actively doing business and have been operating for at least 1 year.
L-1B Visa for Specialized Knowledge Employees
- The employee must have worked for the company outside the U.S. for at least 1 continuous year out of the last 3 years.
- The employee must have specialized knowledge of the company’s products, services, research, equipment, techniques, management, or other critical operations.
- There must be a qualifying relationship between the foreign company and the U.S. company, such as parent-subsidiary, branch, or affiliate.
- The U.S. company must be actively doing business and have been operating for at least 1 year.
The search results also mention that companies can obtain L-1 Blanket Certification, which allows them to more easily transfer eligible employees to the U.S. under the L-1 visa program.
Examples:
Consequently, both companies must be linked by majority ownership. This can be demonstrated as follows: the foreign parent company holds at least 50% of the shares in the US subsidiary or vice versa both business units are sister companies and are each held at least 50% by the same parent company a US company maintains a permanent establishment abroad or vice versa
What is the process to apply for L-1 Visa?
The process for applying for an L-1 visa involves several key steps as outlined in the search results:
- Hire an Immigration Law firm: The first step is to hire an experienced immigration lawyer who will guide you through the process, conduct a detailed consultation, and provide a list of required documents, ideally that can help you with the set up of the company as well to make sure you will get the L-1 Blanket Certification, like HAYMAN-WOODWARD.
- Document Preparation: Gather all necessary documentation, including a detailed job description for the U.S. company, evidence of employment with the foreign company, and other relevant evidence, our Human Capital services can help you and guide you with everything.
- File Form I-129 and L Supplement: Your immigration lawyer will file the Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on your behalf. This form is crucial for qualifying for an L-1 visa. Supporting documents like evidence of employment with the foreign company and CV will also be included.
- Change of Status or Visa Processing: Once the Form I-129 is approved, you can apply for an L-1 visa at a U.S. Consulate or Embassy and enter the United States. Attention Canadian citizens have the option to apply at a port of entry on the U.S.-Canada land border.
- Start to Work: After your change of status is approved or your visa is issued, you can begin working for the U.S. company under L-1 status.
It’s important to note that each consulate or embassy may have specific requirements, so it’s advisable to check if the company you are applying with has international knowledge for additional document requirements. Additionally, premium processing is available for L-1 petitions, allowing for expedited review within 15 days for an additional fee.
What are the documents required:
Based on the detailed information provided in the search results, the key documents required for an L-1 visa application are:
- Completed Nonimmigrant Visa Application (Form DS-160)
- One passport-style color photograph
- Valid passport with at least 6 months of validity beyond the requested visa period
- Triplicate original L-1 visa petition packet (Form I-129S and supporting documents) from the U.S. employer
- $190 visa application fee (Canadians are exempt)
- $500 Fraud Prevention and Detection fee (for principal L-1 applicant only)
- Reciprocity fee (if required based on country of nationality)
- $6 land border crossing document fee for Form I-94 (if entering at Canada-U.S. or Mexico-U.S. border)
- Letter from U.S. employer confirming employment consistent with the previously approved L-1 petition, plus 2 recent pay stubs/earnings statements (if already in L-1 status)
- Original documents demonstrating family relationship (e.g. marriage/birth certificates) with English translation if not in English
- Photocopy of principal applicant’s I-797 approval notice and I-94 card (if applying for L-2 visa)
One attention point to the specific document requirements may vary by U.S. consulate, so applicants should check with your lawyer the consulate where they will be applying. Additionally, the consular officer may request any other documents deemed relevant.
How long is the L-1 visa valid?
L-1A visas for managers / executives can be applied for in the initial application for a maximum of three years and can be extended in 2-year increments up to a maximum of seven years.
L-1B visas for specialists can be approved for a maximum of three years in the initial application process, but only one renewal application for two additional years to a maximum of five years is possible.
Companies that have demonstrably been operating in the US market for less than one year can apply for an L-1A or L-1B new office visa for employees who are to set up the US location, but the initial application is only approved for a maximum of one year. However, extension applications for up to a maximum of five (L-1B) or seven years (L-1A) are possible afterwards.
Which option is better for me? L1-A or L1-B?
Based on the information provided in the sources, the L-1A visa is generally considered a more favorable option for applying for a green card compared to the L-1B visa. Here are the key points supporting this conclusion:
L-1A Visa Advantages:
- L-1A visa holders, who are executives or managers, are often best positioned to apply for the EB-1C immigrant visa category, specifically designed for multinational executives and managers.
- The EB-1C category aligns well with the L-1A status, providing a smoother transition to a green card.
- One significant advantage of obtaining a green card through the EB-1 first preference category is bypassing the often cumbersome PERM Labor Certification process, which is required for some other green card categories.
L-1B Visa Challenges:
- Transitioning from an L-1B visa to a green card can be more complex and protracted compared to the process for L-1A visa holders.
- The L-1B visa is typically valid for a maximum of 5 years, and transitioning to a green card may involve additional requirements and longer processing times.
Employer Sponsorship:
- Both L-1A and L-1B visas require employer sponsorship for the green card application process.
- The requirements and processing times can vary between the two visa categories, so it’s essential to consult with an immigration professional to determine the best path based on individual circ*mstances.
In summary, while both L-1A and L-1B visa holders can apply for a green card, the information suggests that L-1A visa holders may have a smoother transition and potentially fewer obstacles in obtaining permanent residency compared to L-1B visa holders.
What’s the difference between L1 and L2 visa?
The main difference between an L-1 visa and an L-2 visa lies in their purpose and eligibility:
L-1 Visa:
- Purpose: The L-1 visa is for intracompany transferees, allowing multinational companies to transfer certain employees from their foreign offices to work in the U.S. temporarily.
- Eligibility: It is designed for individuals in executive or management roles (L-1A) or specialized knowledge staff (L-1B) who have worked for the company outside the U.S. for at least 1 continuous year out of the last 3 years.
L-2 Visa:
- Purpose: The L-2 visa is issued to dependents (spouses and unmarried children under 21) of individuals holding L-1 visas, allowing them to accompany the primary visa holder in the U.S.
- Eligibility: Eligible family members include spouses and unmarried children under the age of 21 of foreign specialized workers employed in the United States under an L-1 visa.
In summary, while the L-1 visa is for employees being transferred to work in the U.S., the L-2 visa is for their dependents accompanying them during their stay.
L-2 visa holders, who are dependents of L-1 visa holders, have the privilege of working in the United States. Spouses on an L-2 visa are allowed to work and can apply for an Employment Authorization Document (EAD) as soon as they arrive in the U.S. This document enables them to seek employment in any sector of the economy. Children of L-1 visa holders do not qualify to work, but spouses do have this opportunity.
If I apply for L1 visa who can accompany me from my family?
1. Eligibility for L-2 Visa:
- The L-2 visa is issued to the spouse and unmarried children under the age of 21 of an L-1 visa holder.
- Only the legal spouse and unmarried children under 21 of the L-1 visa holder are eligible for the L-2 visa. Other family members like parents are not eligible.
2. Duration of L-2 Visa:
- The L-2 visa is valid for the same duration as the L-1 visa of the principal applicant.
- L-1A visas are initially granted for 3 years (if the U.S. office is established for at least 1 year) or 1 year (if the U.S. office is less than 1 year old), and can be extended in 2-year increments up to a maximum of 7 years.
- L-1B visas are initially granted for 3 years (if the U.S. office is established for at least 1 year) or 1 year (if the U.S. office is less than 1 year old), and can be extended up to a maximum of 5 years.
3. Employment and Study for L-2 Dependents:
- L-2 spouses are allowed to work in the U.S. and can apply for an Employment Authorization Document (EAD) to obtain evidence of their right to work.
- L-2 children are not allowed to work in the U.S. unless they obtain a different type of visa that permits employment.
- Both L-2 spouses and children are allowed to study in the U.S. either full-time or part-time.
In summary, the L-2 visa is available for the spouse and unmarried children under 21 of an L-1 visa holder, and the duration of the L-2 visa matches that of the principal L-1 visa. L-2 spouses can work in the U.S., while L-2 children cannot work but can attend school.
Potential Options:
The only way for L-2 children to work in the U.S. is to obtain a different visa status that allows employment, such as an F-1 student visa if they wish to study and work in the U.S.
How long does it take to get an L1 visa?
The processing time for an L-1 visa can vary, but typically it takes between two to four months for a normal L-1 visa application to be processed. However, for an L-1 visa processed through premium processing, the timeline is expedited, with a decision typically provided within one to three weeks.
TV shows and movies that mention the L-1 visa include a variety of immigrant-themed productions. For example, the documentary “The Courtroom” written by Arian Moayed features a real immigration case involving a Filipina immigrant facing deportation after an incident related to her visa status
The series “The Border” on amazon prime, follows agents of a fictitious Immigration and Customs Security agency in Toronto, delving into trans-border matters concerning Canadian national security.
These productions shed light on immigration-related challenges and experiences faced by individuals dealing with visa issues.
