L1 Visa USA: Intracompany Transferee Visa Lawyer

Requirements for the L-1 Visa can be divided into employer and employee eligibility, as outlined below.

The employer of an L-1 Visa applicant must fulfil the following requirements:

• Have an appropriately qualifying relationship with its affiliated foreign offices (e.g., the parent organization, subsidiary, or affiliate, also known as ‘qualifying organizations’)
• The organization is currently ‘doing business’ as a U.S.-based employer and in at least one other country. The regulations state that the business must be viable (but there is no stipulation that it must be engaged in international commercial trade)

The United States Citizenship and Immigration Services (USCIS) defines ‘doing business’ in the following way:

• Regular, systematic and ongoing provision of goods and/or services
• Undertaken by a qualifying organization
• The organization exists as an entity and is not simply an agent or an office that exists in the United States and another country

If you are an employee who is applying for the L-1 Visa, you should fulfil the following requirements to be eligible for the visa:

• You have worked for the qualifying organization outside the U.S. for at least one continuous period of 12 months within the three years prior to applying for admission to the U.S.
• You intend to come to the U.S. to provide a service in an executive or managerial position in a branch office of your qualifying organization

According to USCIS, the term ‘executive capacity’ relates to the ability of the employee to make decisions without significant oversight.

‘Managerial capacity,’ however, refers to the employee’s ability to oversee and control the work of the organization’s employees, as well as managing the organization, a department, its function, or another component.

The primary difference between the L-1A and L-1B Visas is the nature of the work that the visa holder is permitted to carry out. The differences are outlined below.

L-1A Visa classification (executive position)

Individuals may be classed under the L-1A Visa if their work meets the following:

• Charged with managing the organization or a major department/ function of the business
• Creates and implements policies and procedures within the organization
• Has ‘wide latitude’ in making key business decisions
• Is granted supervision or instruction from senior executives, the organization’s board or its shareholders

L-1A Visa classification (managerial position)

Workers who are not executives may qualify as managers under the following L-1A Visa criteria:

• In charge of managing the organization, a department, or other component of the business
• Oversees and supervises the work of a number of reports (who hold professional roles) or alternatively, is the manager of an essential function within the business
• Is trusted to hire new employees and make other personnel recommendations
• Has control over the daily operations of the business function they manage

L-1B Visa classification (specialized knowledge position)

The L-2B Visa may be the more appropriate option for an individual when the following criteria apply to their circumstances:

• The individual has specialist knowledge based on products, services, research and development activities, equipment, methods, intellectual property, etc., which is vital to the interests of the organization
• The applicant has advanced or unique knowledge of the organization’s processes and procedures

When considering if the L-1B Visa is appropriate, it is important to identify the nature of the employee’s skills and expertise.

For the purposes of this visa, specialized knowledge refers to individuals who are key employees, with extraordinary knowledge which is not easy or possible to transmit to another individual.

USCIS will seek to confirm that this individual has obtained this specialized knowledge based on years of service within the business and that if this employee were unable to come to the U.S. branch, the company would not be able to operate as effectively.

The L1 Visa application process is complex and requires the successful completion of a number of steps in the process before you can be approved.

The L-1 Visa application process is generally as follows:

1. An eligible employee in a qualifying organization is offered the opportunity to transfer to a qualifying branch of the business
2. The employer files Form I-129 on behalf of the employee
3. The employer pays the filing fee
4. The applicant files Form DS-160, Online Nonimmigrant Visa application
5. The applicant pays the L-1 Visa application fee
6. The individual schedules their L-1 Visa interview
7. They submit their supporting documents as part of the application
8. The applicant attends their interview with their documents
9. Applicant waits for a decision on their visa

Receive an offer to transfer

The employee must be offered the opportunity to transfer to a branch, subsidiary, affiliate, or parent organization. This business must meet the criteria of a “qualifying organization.”

Employer files Form I-129 and pays the application fee

The employer petitions USCIS on behalf of the employee. If the petition is approved, the employer will receive Form I-797. The cost of filing I-129, Petition for a Nonimmigrant Worker is $1,385 and $695 for non-profit/small employers.

Applicant submits Form DS-160 and pays the application fee

The applicant provides the US embassy with their basic information and purpose for traveling to the United States. The cost of the fee for the L-1 Visa is $205.00.

Applicant schedules visa interview

A crucial step of the L-1 Visa application process is the visa interview, where an immigration official will interview the applicant to identify whether they fulfil the visa criteria.

Attend the visa interview

The embassy or consulate in your country will likely be the place where you are interviewed. The purpose of the interview is to persuade the official that you are travelling for the exact purposes outlined in your application and that you intend to abide by all conditions of your visa.

It is advised to prepare in advance for this interview to maximize your chances of a successful application.

Some of the documents required for the L1 visa application include the following:

• Valid passport or travel document in date until at least 6 months after the expiry of your visa
• Photograph that aligns with visa photograph requirements
• A copy of the DS-160 application confirmation page
• Proof of having paid the visa fees
• Evidence of your scheduled visa interview date
• Copies of Form I-129 and Form I-797
• In the case of blanket (multiple) petitions, Form I-129S (2x copies) and Form I-797 (3x copies)
• Letter from the employer outlining the nature of the qualifying organization, the transfer offer, and a detailed job description of the employee
• Evidence that you have been employed by a branch of the foreign company for at least one year in the last three years
• Letters from past employers with their information included
• Contact details of two colleagues from current and past roles
• Internal and external photographs of your workplace
• A detailed CV

How Much Does the L1 Visa Cost?

There are different costs involved in applying for the L-1 Visa. These include:

• Filing fee for form I-129: $1,385 ($695 for non-profit or small employers)
• Anti-fraud fee: $500.00
• Where the organization has over 50 workers in the US with half the staff on the L1 Visa: $4,500.00
• American Competitiveness and Workforce Improvement Act (ACWIA) training fee:  $750 for businesses with 25 or fewer employees or $1,500 for businesses with 26 or more employees
• Online form DS-160: $205.00

If you wish to fast-track your application, you can apply for premium processing, and pay a fee of $2,805 to get an application result within 15 days.

Can I Extend the L-1 Visa in USA?

As a nonimmigrant visa, the L-1 Visa is a temporary visa granted for an initial three years but it may be possible to extend the L-1 Visa, depending on the circumstances.

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.

The individual is required to submit a new petition if they wish to extend the visa. As well as this, the L-1A and L-1B Visas are issued for different time periods.

The L-1A Visa is issued for a maximum of seven years, while the L-1B is for a maximum of up to five years.

As a dual intent visa, this means it is possible to come to the United States on a time-limited visa, while allowing the applicant the opportunity to apply for a green card (lawful permanent residency) when they become eligible.

Can L1 Visa Holder Apply for Green Card in USA?

Yes, an L1 visa holder can apply for a Green Card (permanent residency) while living and working in the USA. L1 visa holders are eligible to pursue employment-based Green Cards, commonly through the EB-1C category for multinational managers and executives (particularly L1A holders).

L1B holders may also qualify through other employment-based categories, such as EB-2 or EB-3, depending on their qualifications and circumstances. You do not necessarily need to leave the USA to apply, provided you meet the requirements for adjustment of status.

Can an L1 Visa Holder Bring Their Family to the USA?

L1 visa holder can bring their immediate family members to the USA under the L2 visa category. Your legally married spouse and unmarried children under 21 years of age are eligible to accompany you or join you later.

Your children can attend school in the USA, and your spouse can work legally in the USA under L2 status, subject to applicable employment rules. Your family members generally receive the same authorised period of stay as the primary L1 visa holder. Parents, siblings and other relatives are not eligible for L2 visas as dependants