L-1 Visa – US Visa For Intracompany Transfer
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- September 17, 2024
L-1 Visa – US Visa For Intracompany Transfer
With the rise of U.S.-based multinational companies, employers are perpetually searching for the best talent across borders. One of the most effective ways these companies can staff their U.S. operations is through an L-1 visa.
It facilitates the transfer of foreign high-performing employees to the United States for operational continuity and company growth. Whether you are considering this route for your career or as an employer looking to bring in critical talent, you must understand how an L-1 visa works.
This article will take you through the basics of L-1 visa requirements and regulations.
Definition of L-1 Visa
L-1 visa is a non-immigration Visa that enables employees to be transferred from one foreign office to an American-based organization (affiliated with the same multinational company). Broadly, are of two types: The L-1A visa is for individuals with managerial or executive roles, whereas the L-1B visa targets workers with specialized knowledge.
Employees applying for any of these visas must work for the foreign company and have been employed with it for at least one continuous year within three years before they apply for the visa.
Benefits of the L-1 Visa for Holders
When applying for an L-1 visa, know that this document will offer more advantages than just global employment access. Due to multiple benefits, the has become an appealing opportunity to employees and employers like yourself. Let us discuss the benefits here:
1. Unlimited Issuance
Unlike the H-1B or other visa options, which have cap numbers set for each year, there is no quota limit on granting L-1 visas. Thus, you can apply at any time of the year without arbitrary cap restrictions.
2. Provision of Dual Intent
The visa allows you to apply for your Green Card while holding this non-immigrant status. It is a legal way to become a permanent resident of the U.S.
3. Stay Extension
The L-1A and L-1B visas offer extended periods of stay — up to seven years for an initial L-1A holder. Meanwhile, the L-1B visa holder gets up to five years of maximum stay on extension. This gives you plenty of time to familiarize yourself with the new company and align your potential with its goals.
4. Family Benefits
Your spouse and children under 21 can accompany you as an L-2 non-immigrant visa holder. L-2 visa lets your spouse become eligible to work in the U. S. This way, your family’s double income possibilities increase.
5. Permission to Establish a New Office
The L-1 visa allows you, an immigrating employee to the U.S., to start a new office in the country for the International business enterprise you work for. It is usually helpful for companies that do not have branches in the USA and want to set up new businesses under “new-office rules.” It allows you to enter a larger market without making significant investments.
Eligible Candidates for L-1 Visa
L-1 visas are available for both individual employees and employers of multinational companies. Both need to meet specific L-1 visa requirements to get their visa approved and adhere to regulations.
Here are the details on eligibility criteria for employer and employee:
1. For the Employer
The U.S. organization must have a qualifying relationship with a foreign entity (parent company, subsidiary affiliate, or branch office) and have been operational for at least one year (with exceptions for those who want to establish new offices).
2. For the Employee
As an employee, you must prove you worked for the multinational company as a manager, executive, or employee in a position that required specialized knowledge within three years immediately before filing for an L-1 visa. Moreover, your position in the U.S. company must align with your previous job.
Essential L-1 Visa Application Documents
Applying for an L-1 visa requires preparing a broader package of documentation, including the following:
- DS-160: It is a non-immigrant visa application form you must complete and submit online.
- Form I-129: This petition is for U.S. employers. They need to file it to classify the applicant (you, as their employee) as a non-immigrant worker.
- Proof of Qualification: It includes documents establishing the business relationship between the foreign and U.S. entities, employment records, and a detailed job description for positions at both locations.
- Passport Copy: You must provide your most recent and all previous passport copies.
- Pictures: You will need two passport-sized photos per the consulate’s requirements.
- Evidence of Employment: Provide official records indicating the foreign branch where you are currently employed, your employment history with this entity, and your job position.
- More Supporting Documentation: You might also need to provide additional documents, such as payroll bank statements related to your U.S. company or evidence proving your specialized knowledge.
Application Process for L-1 Visa
Once you collect all the qualifying data, your employer needs to seek a petition from the United States Citizenship and Immigration Services (USCIS) on behalf of an employee.
If the USCIS approves the petition, you can apply for an L-1 visa at the U. S. consulate or embassy. However, there are specific exceptions to this procedure:
- For Canadian Citizens: They can apply for an L-1 visa at the port of entry into the U.S. without any further referral.
- Companies with Frequent Employee Transfers: They may opt to file a Blanket L petition or Form I-129, which expedites and eases the transfer process for eligible employees of the organization.
Ready to File your L-1 Visa?
Understanding all about L-1 visas can be highly beneficial. It places you in an excellent position to make more informed decisions about your employment-based immigration pathway.
At Di Martino Law Group, we make this entire process smoother for you. Our expertise in U.S. immigration laws allows us to strengthen your petition with a higher chance of approval. Contact us to discuss more.
FAQs
1. Can L-1 holders change their visa status or apply for a Green Card?
As an L-1 visa holder, you are allowed to change your status to another type of visa in case it is necessary. However, you will have to meet the requirements for the new visa and file a fresh petition with complete documentation. The L-1 visa is also a pathway to obtaining a Green Card.
2. Are there any fees for applying for the L-1 visa?
Submitting the L-1 visa application can involve multiple fees. The fee for Forms I-129 and DS160 ranges from $460 for an L-1 petition, and it adds additional costs if you also file for an L-2 dependent visa. The fee also varies by location, so count these factors into your budget.
3. Does the L-1 visa status allow you to study in the U.S.?
With an L-1 visa, you can attend classes in the U.S. for part-time or full-time courses. However, you must primarily focus on employment-related activities. Studies of a certain nature may require your employer to issue additional authorization.
4. What if you lose your job on an L-1 visa?
Authorities can terminate your L-1 status immediately when you get fired. However, in such cases, connect with an immigration attorney to get advice on your options, such as another employment sponsorship or a change of visa type.