L1 Visa

L-1 Visa

L-1 Visa (Intracompany Transferee Visa) category allows multinational companies to transfer certain types of employees from a qualified foreign office to the U.S. to continue employment. This is extremely helpful for companies conducting business in both the United States and in foreign countries.

As it is necessary to transfer employees between offices in the different countries at times. L1 Visa Attorney Shilpa Malik has successfully obtained L-1 Visa for professionals in several industries such as technology, trading, manufacturing etc.

Our L1 Visa Lawyers specialize in working with start-up companies to receive L-1 Visa for foreign-based employees. In several instances, our L1 Visa Attorneys have helped our business clients use L-1 Visa to transfer employees when H-1B visas were not available.

L-1 Visa Benefits

Although there are several types of employment-based visas that foreign workers can receive, those who are eligible will probably want to apply or an L-1 Visa as it has some key benefits.

  • The spouses and dependents of L-1 Visa holders are eligible to receive an L-2 Visa. Unlike H-4 Visa, the dependent visa for H-1B spouses, the L-2 Visa allows the holder to work in the United States during their period of stay.
  • L-1 Visa is not subject to any numeric limits. While the H-1B Visa is only available in limited quantity every year.
  • Perhaps the biggest benefit to an L-1 Visa is that companies can apply for blanket petitions for their employees to qualify for either an L-1A or L-1B Visa.
  • An L-1 Visa is also often renewable for a period of 5 to 7 years while a temporary business visa (B-2) is only issued for one year.

Types of L-1 Visas

L-1 visas are available for two different types of employees. Executives and managers need to apply for and receive an L-1A Visa. These are employees who have significant decision-making or supervisory functions.L-1 Visa Lawyer

Other foreign employees can apply for an L-1B Visa, which is available for workers with specialized knowledge of the company’s products, processes, organization, equipment and more. Generally, it is only available if the specific employee is necessary for the business’ operation in the United States.

L-1 Visa Requirements

To receive either type of L-1 Visa, the employee’s company must meet two requirements. First, there must be a recognized relationship between the business in a foreign country and a business in the United States.

This can be a parent, affiliate, subsidiary or branch relationship. Secondly, the company must be doing business in the United States and at least one other country, or have plans to do so during the period of the L-1 Visa. The employee must also have worked for the foreign business for at least one continuous year during the preceding three years.

What is the L-1 Visa Process?

The process for obtaining an L-1 Visa is relatively simple compared to other visas. The applicant must file an I-129 form with the United States Citizenship and Immigration Service along with documentation proving the company and the employee’s eligibility for an L-1 Visa.

If the USCIS approves the application, it will issue a notice of action. This will allow the applicant to either apply for a visa at a United States embassy or consulate in his or her home country if he or she is outside of the U.S. or apply for a change of status while inside the country.

How to Apply for an L-1 Visa Extension

If you would like to get an L-1 visa extension or renewal, the process shares many steps with the process associated with the original visa. Your employer will need to file a new petition for you prior to the expiration of the I-94 departure date.

Along with the petition, you will need several documents including letters of support and details from your employer concerning your position over the past three years of your stay under L-1 status.

Fortunately, if you have spent any time abroad during your stay, you may be able to recapture that time and use it to extend your L1 visa even further. To do this, you will need to present physical documents as evidence that you left the country (e.g. boarding passes, plane tickets, etc.)

How Long Is the Overall L-1 Visa Processing Time?

Because each USCIS service center that processes petitions has a different workload, the processing time for your I-129 may vary widely. However, there is a general average of six months that many attorneys account for when considering the processing time.

Due to the fact that the L-1A and L-1B both need the I-129 petition, there is no difference in the processing times between the two petitions.

Premium Processing

All visas that use the I-129 or I-140 petition forms are eligible for premium processing. This feature can shorten your L-1 processing time from upwards of six months to just 15 calendar days. If the USCIS fails to process your petition in the allotted time, then your employer will have their fee refunded.

While premium processing does not ensure that your petition will be approved, it may be a convenient tool to use if you need to enter the U.S. as soon as possible. Speak with your L-1 visa lawyer to learn if this service would work with your case.

L-1 Visa Fees

Here is a breakdown of the necessary fees associated with obtaining your L-1 Visa:

  • I-129 basic filing fee: $460
  • Anti-Fraud Fee: $500
  • Public Law 113-114 Fee: $4,500. This fee is only applicable if your employer has more than 50 employees with over half under L-1A, L-1B, or H-1B status.
  • ACWIA Training and Education Fee: $750 for employers with a workforce of 25 or fewer. $1,500 for employers with a workforce of 26 or more.

It is important to note that all of the above fees are your employer’s responsibility, not yours. Also, the ACWIA and Public Law fees are only one-time fees that do not apply to L-1 transfers or extensions.

Some other optional fees that you may encounter are the fees for an immigration attorney (see our fees here) and the premium processing fee of $1,225, which can be paid either by you, the beneficiary, or your employer.

L-1 Blanket Petition

L-1 blanket petitions allow qualified employees to skip the I-129 form and proceed directly to an embassy or consulate for visa processing. To be eligible to receive blanket permission, companies must meet the L-1 general requirements and have at least three or more branches, affiliates or subsidiaries.

Companies must also either have successfully applied for 10 or more L-1 Visas in the previous 12 months, have US subsidiaries or affiliates with combined annual sales of at least $25 million, or employ at least 1000 people in the United States.

How Our L-1 Visa Attorneys Can Help

We can help develop a corporate strategy to request and receive blanket L-1 Visa petitions. We can also assist with an L1 Visa to H1B Visa change of status.

Our L-1 Attorneys have extensive experience in applying for EB-1 green card for L-1A visa holders. Our attorneys can ensure that your extension requests are filed and processed on time and without errors.

We also offer expert reviews of all L-1 Visa documentation so there are no unnecessary delays in processing. Through an optimized application process, we can help you get on the fast track to working in the U.S. If you would like to get in contact with one of our L-1 visa lawyers, complete this simple form to schedule a consultation today.