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What is L-1 Visa

The L-1 visa is issued to executives or directors of foreign companies aiming to establish a presence in the U.S. by managing their branch, subsidiary, or affiliate. It's even accessible for companies in advanced pre-incorporation stages, provided there's evidence of imminent incorporation and secured premises for operations.

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The L1 Visa has two classifications.

L-1A Visa

The L-1A visa is a U.S. non-immigrant work visa designed for executives and managers of multinational companies. It allows these individuals to be transferred from foreign offices to their U.S. counterparts.

This visa facilitates the continuation of crucial managerial roles within American branches or subsidiaries.  L-1A visa holders play a pivotal role in ensuring efficient business operations, overseeing teams, making strategic decisions, and contributing to the growth of their U.S. entities.

 

The L-1A visa is a valuable tool for multinational corporations to maintain their leadership continuity and operational excellence across international boundaries. It typically grants an initial stay of up to three years, with potential extensions available, up to a maximum of seven years. This visa category underscores the significance of experienced leadership in fostering business success and expansion within the United States.

L-1B Visa

The L-1B visa is a non-immigrant work visa offered by the U.S. It’s designed for employees with specialized knowledge in multinational companies. This visa allows skilled personnel to be relocated from foreign offices to their U.S. counterparts, contributing their expertise to the American operations.

L-1B visa holders possess unique skills, often technical or specialized in nature, which are crucial for the company’s success. By facilitating the transfer of these skilled individuals, the L-1B visa supports knowledge sharing, innovation, and growth within U.S. branches or subsidiaries. This visa category typically provides an initial stay of up to three years, with potential extensions available for a maximum of five years.

The L-1B visa underscores the importance of specialized knowledge in maintaining competitive advantage and promoting business development on an international scale.

Main requirements of the L-1 visa

The main requirement of the L-1 visa is that the applicant must be employed by a multinational company and be seeking to transfer to the United States to work for a related company in a managerial, executive, or specialized knowledge capacity.

Here are the key points that summarize the main requirement of the L-1 visa:

  • Executive experience

    The applicant must have a managerial or executive position in the company or a type of specialized knowledge.

  • Relationship with the company

    The applicant must have an employment relationship with the foreign company, either as an executive, manager or with specialized knowledge. Additionally, the foreign company must have a subsidiary, branch, affiliate, or subsidiary in the United States.

  • Functions in the US company

    The applicant must be transferred to the United States to perform executive, managerial, or specialized knowledge functions in the US subsidiary.

  • Minimum work time

    The applicant must have worked for the foreign company for at least one year within the three years before the application submission.

  • Eligible companies

    Both for-profit and non-profit organizations can apply for the L-1 Visa.

  • Duration of stay

    Initially, the L-1 Visa is granted for a period of up to three years, with the possibility of extension up to a maximum of seven years for executives or managers (L-1A) and five years for employees with specialized knowledge (L-1B).

L-1 Visa Duration

Two different situations are depending on the maturity of the company.

For workers of emerging companies, the validity is 1 year. On the other hand, for employees of companies that have been operating in the United States for more than 1 year, the initial validity is 3 years.

In turn, in both situations, the L-1 visa can extend up to 5 or 7 years, depending on the knowledge and positions of the applicants.

L-1 Visa For Startups

When used for business creation, the L-1 visa is considered a “new office L-1” visa.

After the first year in the U.S., the individual must demonstrate that operations have grown to the point where a managerial or executive position is required, or have specialized knowledge to perform such work.

How to Apply For The L-1 Visa

Submit Form I-129 with fee payment

To apply for this work visa, the employer must submit Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee, to the Citizenship and Immigration Services (USCIS).

This form is used by employers to apply to enter the United States for one of their nonimmigrant employees. This permit is temporary and will allow the employee to work and also receive training. Along with this form, you must also submit the fee payment of $460.

File Form I-129 by mail or E-Filing system to request visa

Form I-129 can be filed by mail or through the online E-Filing system. If the E-Filing service is used, you will receive an electronic confirmation containing a tracking number (receipt number). This form is also used to request an extension of stay or a change of status to some other visa category.

Save receipt number to track visa application status

The employer will need to save this number to track the status of the application.

Wait for USCIS to review and approve Form I-129

Once Form I-129 has been successfully filed and the fee has been paid, USCIS will review the application and determine if the requirements for the L visa are met.

Receive Approval Notice from USCIS if visa is approved

If USCIS approves the visa, it will issue an approval letter called an “Approval Notice” or “Notice of Action.” This document contains the visa number assigned to the applicant, the expiration date of the visa, and other important information.

Prepare documents and schedule an interview at the embassy

The applicant must present this letter along with a valid passport, recent passport-size photographs, and a confirmed Form DS-160 (Application for Nonimmigrant visa) at the time of scheduling an interview at the nearest U.S. embassy or consulate.

Be ready to provide additional documents during the interview

You may be required to present other documents during the interview, such as evidence that the applicant meets the requirements for the L visa.

Visa officer will review documents and interview answers to determine eligibility

The visa officer will determine if the applicant is eligible to receive a nonimmigrant visa based on the documents submitted, the answers given during the interview, and all other available information.

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Documentation to present

  • Company registration

  • Company annual report

  • The organizational chart of the parent and affiliated companies’ financial statements

  • Documents evidencing the connection between the affiliated companies

  • A detailed description of the required position

  • Salary offered for the required position

  • Passport of the employee to transfer evidence of the employee’s work history

  • Employee Study Certifications

  • Tax return

Is it possible to file more than one L-1 visa petition within the same company related to the same project?

There is no limit to the number of visas that can be applied for within a company. To expedite this process, the United States Citizenship and Immigration Services allows the creation of “bundles” of L-1 petitions.

In this way, companies must present the individual requests of each of the workers and these will be evaluated individually, but they may present them jointly.

For the USCIS to agree to incorporate all petitions into one package, they must:

  • Be related to employees working on the same project.
  • Be related to employees who will work in the same place.
  • Have the same specialized duties in terms of knowledge.

Relatives of the L-1 visa holder

Relatives of an L-1 visa holder may be eligible to accompany or join the L-1 visa holder in the United States under certain conditions.

Spouses and children

Spouses and unmarried children under the age of 21 may accompany or join the L-1 visa holder in the United States.

L-2 non-immigrant visa

These family members will be able to apply for an L-2 non-immigrant visa, which will allow them to study, work, and live freely in the United States. This visa is granted for the same duration as the L-1 visa holder.

For the spouses to work

For the spouses to work in the United States, they must apply for and obtain an Employment Authorization Document (EAD). To apply for a work permit, they must complete and submit Form I-765.

Additional documents

Along with this form, they must also submit recent passport-size photographs, copies of the L-1 visa holder’s passport and L-1 visa, as well as the USCIS approval letter or “Approval Notice.”

Children under 21

Children under the age of 21 do not need to apply for a permit to study in the United States. However, if they wish to work, they must apply for and obtain a work permit.

Children over 21

On the other hand, children over the age of 21 cannot be considered “companions” and must apply for their nonimmigrant visa if they wish to travel to the United States.

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